Abstract

Surrogacy has been practiced in India since ancient times. Back then, it was called Niyoya Dharma. Looking into Hindu mythology, the seventh child of Devki and Vasudev. Balram’s embryo was moved to Rohini's womb. Rohini was Vasudev's first wife. This was done to save the baby from being killed by Kansa. Gandhari in the Mahabharata had a unique case. After two years of pregnancy, she delivered a mass. Rishi Agyasa found this mass had 101 cells. These cells were grown outside the womb in a nutrient medium. From this, 100 male babies known as Kaurans & one female named Dushala were born. Then there's Kartikey, often seen as the god of fertility. He was born through surrogacy too! His parents were Shiva and Ganga (the surrogate mother) .Clearly, surrogacy existed long ago. It shows no conflict between assisted reproduction and socio-religious practices. Examining records that span thousands of years, specifically Indian Vedic literature, alongside today’s scientific discoveries involving molecules, genes, and DNA, it is evident that motherhood is an instinct-driven physiological phenomenon. The instinct for motherhood stands as the most potent desire within all living creatures, including animals and humans. Ancient Indian philosophy posits that life's biological purpose is to propagate one's own traits (genes). All living beings are in a transitional phase to pass their traits (genes) to the next generation. Propagation emerges as the ultimate aim of any species. In India, infertility is often viewed as a social stigma. The pain and trauma of infertility are intensely felt by infertile couples themselves. Although infertility does not threaten one's life, it imposes a profound impact on individuals unable to fulfil the biological role of parenthood through no fault of their own. Generally speaking, Indian society exhibits a stable family structure and a strong desire for children, especially sons to carry forth the lineage or "Vansh." With the significant advancements in medicine, infertility can now be addressed with new medical technologies collectively referred to as Assisted Reproductive Technology (ART), such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). However the commercialized service of assisted reproductive technology have its own set of pros and cons involving moral and legal concerns that require proper regulation to curb and prevent the ill consequences.

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