Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to women empowerment. In today’s blog post, we aim to shed light on the prevailing issues surrounding corporal punishment, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
Surrogacy is a reproductive arrangement in which a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents). This arrangement is typically used when the intended parents are unable to conceive or carry a pregnancy to term due to medical reasons or other factors. Surrogacy can be classified into two main types:
- Traditional Surrogacy: In this type, the surrogate uses her own egg, making her the biological mother of the child, while the intended father’s sperm or donor sperm is used for fertilization.
- Gestational Surrogacy: In gestational surrogacy, the surrogate carries a child conceived using an egg from the intended mother or an egg donor, fertilized with the sperm of the intended father or a sperm donor. The surrogate is not genetically related to the child in this case.
As for the laws related to surrogacy in India, here’s a brief overview:
Before 2018: India was a popular destination for surrogacy because it had relatively lenient regulations. Commercial surrogacy was allowed, and many foreign couples sought surrogates in India. However, there were concerns about exploitation of surrogates and lack of proper regulation.
Surrogacy (Regulation) Bill, 2019: In 2019, the Indian government introduced the Surrogacy (Regulation) Bill, which aimed to regulate surrogacy in the country. The key provisions of this bill included:
- Banning commercial surrogacy.
- Allowing only altruistic surrogacy, where the surrogate is not compensated beyond medical expenses and insurance.
- Restricting surrogacy to Indian citizens, prohibiting foreigners from seeking surrogacy services in India.
- Setting eligibility criteria for intended parents and surrogates.
- Establishing a National Surrogacy Board and State Surrogacy Boards to oversee and regulate surrogacy arrangements.
- Imposing penalties for violations of the law.
The bill aimed to address concerns about the exploitation of surrogates and ethical issues related to commercial surrogacy. However, it also faced criticism for potentially limiting access to surrogacy for those who needed it.
Enactment of the Surrogacy (Regulation) Act, 2020: The Surrogacy (Regulation) Bill was passed by both houses of the Indian Parliament and received presidential assent, becoming the Surrogacy (Regulation) Act, 2020. This act, which came into force on March 3, 2021, regulates surrogacy in India, primarily allowing altruistic surrogacy while banning commercial surrogacy.
- Legal Implications:
- Eligibility Criteria: Many countries and states have specific eligibility criteria for intended parents and surrogates, which can include age, marital status, sexual orientation, and medical or psychological evaluations.
- Compensation: The issue of compensation for surrogates is a significant legal concern. Some jurisdictions permit commercial surrogacy, where surrogates receive payment for their services, while others only allow altruistic surrogacy, where surrogates are reimbursed for medical expenses but not paid a fee.
- Parental Rights: Determining parental rights and responsibilities is another legal issue. In some places, the surrogate may have legal rights over the child until a legal process transfers those rights to the intended parents.
- International Surrogacy: Cross-border surrogacy raises complex legal questions, such as citizenship and immigration issues, as well as differences in surrogacy laws between countries.
- Contracts: Legal contracts outlining the rights and responsibilities of all parties involved (intended parents, surrogates, and agencies) are crucial but may be subject to interpretation and enforcement challenges.
- Ethical Implications:
- Exploitation: One of the primary ethical concerns is the potential for the exploitation of surrogates, especially in commercial surrogacy arrangements. Critics argue that surrogates may be coerced or financially compelled to enter into such agreements.
- Autonomy: The issue of informed consent and the autonomy of surrogates are critical ethical considerations. It’s essential to ensure that surrogates fully understand the physical, emotional, and legal implications of their decision.
- Commodification of Children: Some argue that surrogacy can lead to the commodification of children, where they are treated as products to be bought and sold, rather than as individuals with rights.
- Selective Reproduction: Ethical questions arise when intended parents use surrogacy for selective reproduction, such as choosing specific traits in their child through selective embryo implantation.
- Psychological and Emotional Well-being: Surrogacy can have emotional and psychological implications for all parties involved, including surrogates, intended parents, and the child. Ensuring the emotional well-being of all involved is an ethical imperative.
- Cultural and Religious Beliefs: Surrogacy can clash with cultural and religious beliefs in some societies, leading to ethical dilemmas.
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