Commercial Surrogacy: An Analysis

Surrogacy and its commercialization have been in talks for a very long time now, and in fact is debatable topic for discussion. Evidently glimpse of surrogacy can be traced back in ancient times; India saw commercial surrogacy in modern world in the year 2002. The Legalization of commercial surrogacy is still in its initial process. So what is surrogacy, it means to carry the child for other women willing to be a mother who is basically incapable of one due to medical complexity. The major types of surrogacy are natural, gestational, commercial & altruistic. In the year 2008, the Hon’ble Supreme court India saw landmark case which left a light on surrogacy in India in the case of Baby Manji Yamada v. Union of India. The motive of researcher is to critically analyze the importance of legalization of commercial surrogacy. For the bliss of the society and to understand greater extent of new technology for the women wanting to be a mother it is of utmost importance that we comprehend the positive as well as negative aspect of commercial surrogacy. Within first two part of the research is study of term and types of surrogacy, the later part explains issues of legal validity & enforceability of surrogacy agreement, later some light on the ART bill and countries with commercial surrogacy. The next part explains issues: Ethical & Legal issues, along with risk involved in surrogacy. The last part is the conclusion with a few suggestions on commercial surrogacy. In this paper the researcher arrived at the conclusion feeling of motherhood is a pure bliss and commercial surrogacy on the one hand enables a woman to get that feeling and in fact is good alternative for the woman carrying the child which on the other hand is bliss to the society.