The Suffering Womb: Analyzing Commercial Surrogacy in India​

Sushma sagar
Research scholar (Law) at Dr. Bhimrao Ambedkar University Agra, India
Dr. Umesh Kumar
Associate professor of Law at Faculty of law Agra College, Agra, India.

Volume III, Issue VI, 2020

Surrogacy as concept is neither known much and nor practiced The draft bill of 2008 along with the ICMR(Indian Council of medical research) guidelines give the rules for functioning of the fertility clinics. The research paper seeks to evaluate the viability of the draft bill in the new developing industry of surrogacy with a slight reference to the upcoming bill (The surrogacy regulation bill, 2019). This doctrinal research involves the analyzing of fundamental laws regulating surrogacy and their impact on existing circumstances and various stakeholders. This research also lays slight emphasis on the pending bill which tends to regulate commercial surrogacy and to what extent this bill tries to control the strategic impediments existing till date. This study finally suggests that Legislation has to be brought in as soon as possible to solve the existing issues. Every care should be taken to eliminate the role of touts and brokers in surrogacy cases. Fertility clinics should also come under the Government scanner to have a check in respect of specific methods, used for fertilization, medication, pre-natal and post-natal care.