What Are the Issues Related to Surrogacy in India?

Surrogacy in India has long been a topic of heated debate, oscillating between being a beacon of hope for infertile couples and a controversial practice riddled with ethical, legal, and social issues. As medical advancements continue to make surrogacy more accessible, it’s essential to understand the multitude of challenges that come with it.

This article dives deep into the issues related to surrogacy in India—spanning legal loopholes, emotional complexities, economic exploitation, and cultural taboos. Whether you're considering surrogacy or simply wish to stay informed, this guide covers everything you need to know.

Understanding Surrogacy: A Quick Overview

Surrogacy is a reproductive arrangement where a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents). There are two main types:

• Traditional surrogacy: The surrogate’s egg is fertilised with the intended father’s sperm, making her the biological mother.
• Gestational surrogacy: An embryo created using the intended parents' or donors' egg and sperm is implanted in the surrogate. She has no genetic relation to the child.

Legal Issues Surrounding Surrogacy in India

India’s legal framework for surrogacy has evolved significantly. The Surrogacy (Regulation) Act, 2021 outlawed commercial surrogacy and only permits altruistic surrogacy under strict conditions. However, legal challenges persist:

• Lack of clarity in implementation: Despite legislation, ambiguity in enforcement leads to confusion among clinics and intended parents.
• International surrogacy banned: Foreign couples are no longer allowed to pursue surrogacy in India, leading to a decline in 'fertility tourism'.
• Parental rights: Legal parenthood of the intended parents isn't always automatically granted, especially in cases of disputes or separation.
• Registration and documentation: Many hospitals and clinics still lack clear procedures for registering a surrogate child under intended parents’ names.

Ethical and Human Rights Concerns

One of the most pressing issues with surrogacy in India is the potential exploitation of poor and vulnerable women. Common ethical concerns include:

• Monetary coercion: Women from lower socioeconomic backgrounds may be pressured into surrogacy for financial relief.
• Lack of informed consent: Many surrogates are not fully educated about the medical and emotional toll of the process.
• Restricted bodily autonomy: During the contract period, surrogates often lose control over lifestyle decisions, diet, and healthcare.
• No post-birth support: There are minimal policies ensuring surrogates receive psychological or health support after childbirth.

Economic Exploitation and Class Divide

Surrogacy in India exposes stark inequalities:

• Unequal power dynamics: Affluent intended parents (often from urban centres) usually hire surrogates from rural, impoverished backgrounds.
• Profit over well-being: Before regulation, clinics and agents often prioritised financial gain over surrogate health.
• Underpaid labour: Although commercial surrogacy was more lucrative for women than other jobs, most received only a fraction of what agents charged.

Emotional and Psychological Impact

Surrogacy is not just a physical experience but also an emotional rollercoaster for everyone involved:

• Surrogate’s emotional attachment: Giving up a child after birth can be traumatic, even if the child isn't genetically related to her.
• Marital stress: Some surrogates report strained relationships with their spouses or in-laws due to societal judgment or jealousy.
• Intended parents' anxiety: Legal risks and surrogate health complications can lead to significant emotional strain during pregnancy.

Social Stigma and Cultural Backlash

Surrogacy still faces resistance in Indian society, especially in conservative regions:

• Shame and secrecy: Many surrogates are forced to lie about their pregnancies to avoid backlash from neighbours or relatives.
• Taboo around infertility: Infertile couples often face discrimination, and surrogacy may be seen as ‘unnatural’ or morally wrong.
• Misunderstood motherhood: There’s often a lack of empathy for surrogates, who are viewed either as 'baby factories' or morally questionable.

Changes After the Surrogacy (Regulation) Act, 2021

The Indian government introduced this Act to curb unethical practices and safeguard surrogate mothers. Key highlights:

• Only altruistic surrogacy allowed—no financial gain except for medical expenses and insurance.
• Only Indian heterosexual married couples (with proven infertility) can opt for surrogacy.
• Surrogate must be married and have at least one biological child.
• Ban on surrogate advertisements and third-party agencies.

While these regulations are well-intentioned, critics argue they overly restrict access and fail to provide support for surrogate mothers post-delivery.

Case Studies and Real-Life Examples

Numerous real-life stories have drawn attention to the need for regulation:

• Gujarat’s ‘Surrogacy Hubs’: Cities like Anand saw a surge in surrogacy centres, where women lived in group housing under supervision, often isolated from their families.
• Legal limbo for international couples: Post-2015, many children born through surrogacy were stuck in India due to citizenship issues.
• Post-delivery abandonment: Reports emerged where intended parents refused to accept babies born with disabilities or health conditions.

What Needs to Change?

To create a safer, more transparent surrogacy framework in India, the following reforms are critical:

• Include single parents and LGBTQ+ individuals in legal eligibility.
• Enhance psychological counselling and support systems for surrogates.
• Establish watchdog bodies to monitor clinics and ensure ethical conduct.
• Provide financial security and legal aid to surrogates post-delivery.

Final Thoughts

Surrogacy in India exists at a unique intersection of hope, hardship, and human rights. While legal reform has made strides in addressing exploitation, much more needs to be done to empower surrogates, protect intended parents, and reduce social stigma. For now, awareness and empathy are key in navigating this complex subject.

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FAQs About Surrogacy in India

Q1: Is commercial surrogacy legal in India?

No, commercial surrogacy is banned under the Surrogacy (Regulation) Act, 2021. Only altruistic surrogacy is allowed.

Q2: Who is eligible for surrogacy in India?

Only Indian heterosexual married couples facing proven infertility are eligible.

Q3: Can single women or LGBTQ+ individuals opt for surrogacy?

As of now, the law excludes single parents and LGBTQ+ individuals from accessing surrogacy.

Q4: What protections do surrogate mothers have?

They are entitled to medical expense coverage and insurance, but long-term protections and post-birth support are still lacking.

Q5: What are the risks involved in being a surrogate?

Physical risks include pregnancy complications; emotional risks involve attachment issues and societal stigma.