Surrogacy, as a reproductive arrangement, has garnered increasing attention due to its significant impact on reproductive rights, family dynamics, and ethical considerations. Surrogacy can be classified into two primary forms: traditional surrogacy and gestational surrogacy.
Traditional surrogacy involves a surrogate who is genetically related to the child she carries. In this process, the surrogate mother’s own eggs are used for conception. The sperm used for fertilization can come from the intended father or a sperm donor. In traditional surrogacy, the surrogate not only carries the pregnancy but also contributes genetically to the child. This can create a unique familial connection between the surrogate and the child.
On the other hand, gestational surrogacy involves the use of assisted reproductive technologies, such as in vitro fertilization (IVF). In this method, the intended parents or donors provide both the egg and sperm to create an embryo through IVF. The resulting embryo is then transferred to the surrogate’s uterus for gestation and childbirth. In gestational surrogacy, the surrogate is not genetically related to the child and is acting as a gestational carrier.
Gestational surrogacy has become more common due to advancements in reproductive technologies and the ability to overcome certain genetic and biological challenges. It allows intended parents who may have fertility issues, same-sex couples, or individuals who are unable to carry a pregnancy to have a biological connection to their child.
Both traditional and gestational surrogacy have their own legal and ethical considerations. It is important for all parties involved to have a clear understanding of the type of surrogacy being pursued and the legal implications and rights associated with it.
Legal Frameworks: The legal framework for surrogacy in India has undergone significant changes in recent years. The Assisted Reproductive Technology (ART) Regulation Bill, 2020, which is currently under consideration by the Indian Parliament, seeks to replace the existing laws governing surrogacy in India. Here is an overview of the current legal framework for surrogacy in India, based on the information available as of my knowledge cutoff in September 2021:
- Surrogacy (Regulation) Bill, 2019: The Surrogacy (Regulation) Bill, 2019, aims to regulate the practice of surrogacy in India and protect the interests of all parties involved. The bill prohibits commercial surrogacy and allows only altruistic surrogacy arrangements, where no monetary compensation is provided to the surrogate, except for medical expenses and insurance coverage. It defines eligibility criteria for intended parents, including being married for at least five years, and establishes a National Surrogacy Board and State Surrogacy Boards to oversee the implementation of the law.
- Eligibility Criteria: Under the proposed bill, intended parents must be Indian citizens and married for at least five years, with at least one of them having fertility-related issues. They must also undergo a medical examination to establish their need for surrogacy.
- Surrogate Mother: The bill defines a surrogate mother as a woman who is a close relative of the intended parents, has been married and has a biological child of her own. She can act as a surrogate only once in her lifetime, and there should be a certificate of essentiality and eligibility issued by the appropriate authority before the surrogacy arrangement can take place.
- Legal Parentage: The bill recognizes the intended parents as the legal parents of the child born through surrogacy. The child’s birth certificate will reflect the names of the intended parents, and they will have all the rights and responsibilities of legal parenthood.
Emotional Complexities: Emotional complexities in surrogacy arise for all parties involved, including the intended parents, the surrogate mother, and their respective families. These complexities can have a profound impact on the individuals’ emotional well-being and require careful consideration throughout the surrogacy journey. Here, we elaborate on the emotional complexities experienced by the different stakeholders:
Intended Parents:
- Hope and Expectations: Intended parents often turn to surrogacy as a last resort to fulfil their desire for a child. They may have experienced disappointment and grief through failed attempts at conception or pregnancy loss. The hope and expectations associated with surrogacy can bring a mix of emotions, including excitement, anxiety, and anticipation.
- Attachment and Bonding: During the surrogacy process, intended parents may develop a bond with the surrogate mother who is carrying their child. They may experience a range of emotions, from gratitude and trust to concerns about the surrogate’s well-being. Navigating this emotional connection while respecting boundaries and acknowledging the surrogate’s role as a gestational carrier can be challenging.
Surrogate Mother:
- Emotional Attachment: Surrogate mothers carry a child that is not biologically their own. However, during the pregnancy, they may form emotional attachments with the fetus. Balancing these attachments while understanding their temporary role as a surrogate can be emotionally demanding.
- Family Dynamics: The decision to become a surrogate can impact the surrogate’s family members, including her spouse, children, and extended family. Open and supportive communication within the surrogate’s family is crucial to address any emotional concerns or adjustments that may arise.
- Surrogate’s Family: The decision of a woman to become a surrogate can have emotional implications for her family members. Spouses, children, and extended family members may experience a mix of emotions, including pride, concerns, or even judgment. Providing a supportive environment and open dialogue can help address any emotional complexities within the surrogate’s family.
- Support Networks: Both intended parents and surrogate mothers may benefit from having strong support networks. Emotional support from friends, family, and professional counsellors can help navigate the challenges and uncertainties that arise during the surrogacy process.
It is essential for all parties involved in surrogacy to have access to emotional support and counselling services. Surrogacy professionals often provide guidance and resources to help individuals and families navigate these emotional complexities. Open and honest communication, empathy, and maintaining appropriate boundaries are key to promoting positive emotional well-being throughout the surrogacy journey for everyone involved.
Ethical Considerations:
Surrogacy raises significant ethical considerations that warrant careful examination. Critics argue that surrogacy commodifies the female body, reducing it to a service for hire, which can lead to exploitation and the creation of an industry driven by financial motives. Concerns also emerge regarding the potential exploitation of economically disadvantaged women who may choose surrogacy out of financial necessity.
Autonomy and consent are central ethical debates surrounding surrogacy. It is vital to ensure that surrogate mothers fully understand the physical and emotional risks involved and provide informed consent. Instances of surrogates being coerced or pressured into agreements against their will have been reported, underscoring the necessity of robust legal and ethical safeguards.
Additionally, the welfare of the child is an ethical consideration. Critics argue that surrogacy may compromise the child’s rights to know their genetic origins, potentially leading to identity issues or confusion. Moreover, concerns arise regarding the potential commodification of the child, treating them as a purchasable product rather than recognizing their inherent human dignity.
Surrogacy is a complex and multifaceted practice that encompasses legal, emotional, and ethical dimensions. While it provides hope for individuals and couples struggling with infertility, it also raises significant ethical questions regarding the commodification of women’s bodies, exploitation, and the rights and welfare of the child. Achieving a balance between reproductive autonomy and protecting the rights and well-being of all parties involved remains a formidable challenge
