DOES SURROGACY INVOLVE MAKING FAMILIES OR SELLING BABIES?

Vinita Singh, Pushpawati Thakur, Byasdev, Anjum

Abstract: International surrogacy is a booming business. At the same time nations all across the globe are condemning commercial surrogacy which was legalized by Supreme court in India in India in 2002 in an effort to stimulate medical tourism, the emerging practice of travel across international borders to obtain cheaper health care. According to a 2012 study by the Confederation of Indian Industry (CII), the sector is worth $2 billion. Countries such as India wish to build a reputation as international surrogacy Mecca’s by providing quality medical care at a low cost and by attempting to provide the most comprehensive legal protections for intended parents. From Baby Manji to the baby-selling scandal in California, we are reminded that tremendous ethical concerns surround international commercial surrogacy and demonstrating gaps in the current surrogacy laws and regulations and also the case exposed the lack of clear guidelines and laws related to international surrogacy in India.  This article highlights some of the issues regarding state of child born out of surrogacy arrangement. Identity of the Child – There are also ethical considerations that are brought to mind in terms of informing the child of his or her surrogate mother, as doing so may have an effect on the child's self-identity.

There is no transparency in surrogacy contract and chances of legal problems are high. Cross border surrogacy leads to problems related to nationality, motherhood and rights of child.

Keyword:  child rights, surrogacy, ART bill, law, Confederation of Indian Industry (CII), Ethics.

Title: DOES SURROGACY INVOLVE MAKING FAMILIES OR SELLING BABIES?

Author: Vinita Singh, Pushpawati Thakur, Byasdev, Anjum

International Journal of Healthcare Sciences

ISSN 2348-5728 (Online)

Research Publish Journals

Vol. 2, Issue 1, April 2014 - September 2014

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DOES SURROGACY INVOLVE MAKING FAMILIES OR SELLING BABIES? by Vinita Singh, Pushpawati Thakur, Byasdev, Anjum