Currently, India does not have comprehensive legislation that deals exclusively with surrogacy and related issues. Although the government has made several attempts to close these legal loopholes, none have been successful. This article on the amendment of the Surrogacy Act in India from 2008 to 2020 talks about how the concept of surrogacy developed in India and when our legislators found it necessary to codify surrogacy laws. This article will also enlighten the reader on the current situation and the amended provisions of the Surrogacy (Regulation) Act 2020. Parenthood. Read More » Another name for surrogacy. The surrogate mother is the surrogate for the genetic-biological mother. There are two types of surrogacy – traditional surrogacy and gestational surrogacy. In traditional surrogacy, the child is therefore genetically related both to the surrogate mother who provides the egg and to the intended father or anonymous donor. In surrogacy, the child is therefore genetically related to the woman who donated the egg and to the future father or sperm donor, but not to the surrogate mother. Commercial surrogacy is a form of surrogacy where a gestational carrier is paid to bring a child to maturity in her womb and is typically used by high-income infertile couples who can afford the associated costs, or people who save and borrow to fulfill their dream of parents.

In Latin, “substitute” means a deputy, that is, a person appointed to act in place of another.9 According to Black`s Law Dictionary, surrogacy refers to the process of carrying and delivering a child to another person.10 The New Encyclopedia Britannica defines surrogacy as a practice in which a woman gives birth to a child for a couple unable to conceive children in the usual way.11 According to the Warnock Report (1984), HF&E, surrogacy is the practice by which a woman carries one child for another with the intention that the child be delivered after birth12. In 2005, the Indian Council for Medical Research drafted guidelines for surrogacy, but lacked legal support, and so surrogacy continued without proper legislation. The unresolved issue of surrogate mother as birth mother was reopened by the Supreme Court of India[footnoteRef:6] as an appeal against a judgment of the High Court of Gujarat in Jan Blaze v. Anand Municipality[footnoteRef:7]. In this case, a childless German couple had twins through a surrogate with the help of the Anand Infertility Clinic in Gujarat. Since German laws do not recognize surrogacy as a means of parenthood, they would not allow children to be treated as German citizens born of surrogacy. To avoid the foreseeable legal hurdle of the immigration process, the couple turned to the Gujarat High Court to allow their surrogate children to carry Indian passports. In this case, in addition to citizenship and the issuance of the passport for the twins, the court also dealt with the surrogate mother and egg donor [FootnoteRef:8]. The Supreme Court of Gujarat declared that the surrogate mother should be considered the “birth mother” of the twins and granted them passports – a logic that seemed appropriate to recognize the twins as Indian citizens and issue them Indian passports. [6: R.

Sedhuraman, Why no to Surrog Laws, application SC. 16 December 2009 (Wednesday) The Tribune 2] [7: AIR 2010 Guj 21] [8: A woman who carries a pregnancy to term and gives birth to another woman or a couple for another woman. In order for a woman to serve as a pregnancy carrier, an embryo (created by the process of in vitro fertilization) is implanted in her uterus.] As in other countries, the following two types of surrogacy are practised in India:14 “After decades of attempts to legislate surrogacy and assisted reproductive technology, we now have two laws that regulate surrogacy and ART and set standards. While some provisions are obvious improvements, there are concerns that both laws are not formulated in a rights-based model and restrict access for many,” said Brototi Dutta, Asia Advocacy Advisor at the Center for Reproductive Rights. In Islam, there is the concept of Maqasid al-Sharī`ah or objectives of the law, which are Hifz al-Dīn (protection of religion), Hifz al-Nafs (protection of life), Hifz al-Nasl (protection of posterity), Hifz al-Aql (protection of the spirit) and Hifz al-Māl (protection of wealth). This classification speaks of basic human needs that need protection, conservation and promotion. Since Islam promotes reproduction, it supports the treatment of infertility and includes care for pregnant women. It also includes ancestry preservation.

Every child should know both parents and be related to them. The hiring of a “womb” for reproduction is a very new concept in Islamic jurisprudence and is unacceptable according to the ethics of Islam, since surrogacy involves the use of donor sperm, a foreign element in the woman`s uterus that leads to the mixing of ancestry. According to Mufti Sheikh Ahmad Kutty, an Islamic scholar, the introduction of male sperm into the womb of a woman to whom he is not married is contrary to Allah`s wishes. The Surrogacy Regulation Bill 2020 is on the agenda and is one of the progressive laws that has yet to be passed in India, but it still discriminates against unmarried people and the LGBTQ community, which may prevent these people from benefiting from such important laws. This bill aims to regulate the practice of altruistic surrogacy in the country and ban commercial surrogacy in order to make the service ethical and easy for the intended parents and surrogate. There was an urgent need for surrogacy laws, as such a practice without proper legal support and regulation can cause social law problems. The most common problems arising from the practice of unregulated surrogacy are: The draft law guides the authorities in the implementation of legal and ethical surrogacy and establishes various provisions on the eligibility of parents and surrogates, as well as their rights and obligations. This will prevent the bad guys from realizing their selfish motives by turning poor surrogate mothers into baby machines because of their poverty and helping someone become parents. Pakistan does not allow forms of surrogacy procedures. Altruistic surrogacy: When the surrogate mother receives no financial reward for her pregnancy or the transfer of the child to the genetic parents, except for necessary medical expenses.

Thailand has a long history of unregulated surrogacy problems leading to abuse and research. After public unrest, the government banned commercial surrogacy. This effectively led foreign couples to hire a Thai surrogate for money the country was notorious for. This has led to the formation of fungi from surrogacy societies that act as agencies that help the foreign couple navigate the procedure, as well as regulated and unregulated surrogacy clinics. The laws passed so far have been trapped in parliamentary procedures and none of them have become law that has left the ICMR guidelines of 2005 as the sole regulatory measure for the complex issue of surrogacy in India. The Madras High Court found nothing unlawful in the applicant`s obtaining a child through a substitute agreement. Once the minor child was admitted as the applicant`s daughter and she was only one day old at the time of the application, she was entitled to leave in the same manner as persons who had been granted leave under Regulation 3-A of the Regulation. Even in the case of adoption, the adoptive mother does not give birth to a child, but the need to bind the mother to the adopted child is nevertheless recognized by the central government.