Concerns about Commercial Surrogacy
Right to reproduction, being universally recognised human right, clubbed with growing cases of infertile couples round the globe, obliges state to think twice its approaches toward surrogacy which is perceived as a means of hereditary lineage continuation and thus very often preferred over adoption. And thus prospect of ART industries is evident, of which Compensatory Surrogacy, if allowed in vindication of feminist discourses, partisan of enchasing female liberty of fertility faculty; does calls for such adequate protective mechanism ensuring that gestational mothers are in no way reduced to mere wombs. The contours of women empowerment that potentially segregates the sanctity of motherhood into biological mother and gestational mother, of which the later is subservient by agreement, are of more concern from feministic perspective when such are not purely act of magnanimous but commercial. The situation is then worst when such agreements are ventured in a patriarchal society without any adequate legal framework even to resort any related flaw. There is yet no international consensus arrived confidently to set up any universal standard of normative frame work to regulate surrogacy agreement. Commercial Surrogacy has a mixed rationale for feministic concerns that calls for more complex analysis of deeper casual connections amid women, child and society.
Handbook on Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 and Rules with Amendments, Ministry of Health and Family Welfare Government of India 2006.
Law commission of India, Report no 228, Need for legislation to regulate assisted Reproductive technology clinics as well as Rights and obligations of parties to a Surrogacy
National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India- Ministry of Health and Family Welfare Government of India, Indian Council of Medical Research National Academy of Medical Sciences (India), New Delhi – 110029 2005.
Report on Surrogate Motherhood – Ethical or Commercial, Centre for Social Research (CSR) 2, Nelson Mandela Marg, Vasant Kunj – 110070.
Reproductive Rights are Human Rights, Centre for Reproductive Rights, 120 Wall Street, 14th Floor New York, NY 10005 United States
Reproductive Rights are Human Rights: A Hand Book for National Human Rights Institutions, The Danish Institute of Human Rights, and United Nations Human Rights Office of the High Commissioner.
Surrogate motherhood: a violation of human rights: European Court for Law and Justice –Report Presented at the Council of Europe, Strasbourg, On 26 April, 2012
The Assisted reproductive technology (regulation) Bill, 2008. Ministry of Health and Family Welfare, Government of India.
The Assisted reproductive technology (regulation) Bill, 2010 and 2013. Ministry of Health and Family Welfare, Government of India.
The Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development.
A Preliminary Report on the Issues arising from International Surrogacy Arrangements; drawn up by the Permanent Bureau.
Hague Convention on Protection of children and co-operation in respect of Inter-country Adoption, 1993.
Selected Research Papers and Articles –
i. Surrogate Motherhood in India: A Legal Vacuum, VIDHIGYA; The Journal of legal education, Dr. Praveen Mishra.
ii. A Hague Convention on Contract Pregnancy (or Surrogacy) Avoiding Ethical Inconsistency With The Convention On Adoption, Carolyn McLeod and Andrew Botterell, International Journal of Feministic approaches to bioethics.
iii. The phenomenon of “baby Factories” in Nigeria as a New trend in human Trafficking, Svetlana S. Huntley, ICD Brief 3October 2013.
iv. Analysing the status of the surrogate mother under The Assisted Reproductive, Technologies (Regulation) Bill, 2010, Jwala D Thapa.
v. Thai case casts spotlight on business of surrogacy, Medicalexpress.com, 7 August 2014.
vi. Sama Team, Assisted Reproductive Technologies: For Whose Benefit?, Editorial, Economic and Political Weekly
vii. SAMA TEAM, Assisted Reproductive Technologies in India: Implications for Women, Editorial, Economic and Political Weekly
viii. Anindita Majumdar, Transnational Surrogacy: The ‘Public’ Selection of Selective Discourse, Editorial, Economic and Political Weekly
ix. Sneha Banerjee, Emergence of the ‘Surrogacy Industry’, Editorial, Economic and Political Weekly
x. Vrinda Marwah, Sarojini N, Reinventing Reproduction, Re-conceiving Challenges : An Examination of Assisted Reproductive Technologies in India, Editorial, Economic and Political Weekly
xi. Shamba Dey, Right to Abort in Surrogacy Contracts: An Enquiry, Editorial, Economic and Political Weekly
xii. Imrana Qadeer, Mary E John, The Business and Ethics of Surrogacy, Editorial, Economic and Political Weekly
xiii. Sheela Saravanan, Transnational Surrogacy and Objectification of Gestational Mothers, Editorial, Economic and Political Weekly
xiv. Editorial, Economic and Political Weekly, Vulnerable to Exploitation: Unregulated assisted reproductive technology clinics are mushrooming but there is no sign of a regulatory law.02 August 2008.
xv. Mohan Rao, Commentaries, Why All Non-Altruistic: Surrogacy Should Be Banned, Editorial, Economic and Political Weekly.
- There are currently no refbacks.
This work is licensed under a Creative Commons Attribution 3.0 License.