Surrogacy or third party assisted reproduction procedure is amazingly a growing concept in the medical field. As we know it is an assisted reproductive technique where another woman carries pregnancy for intended couples looking to have baby but are unable to conceive naturally by their own.
The woman who carries the baby in her womb is often called as surrogate mother of the child and can be genetically related to the baby as she carries embryos formed with her own eggs and the sperm of the intended male partner because the uterus of intended female partner is unfit to carry pregnancy to its full term. The surrogate mother carries the baby in her womb with the intention to deliver him/her to the intended parents after birth. This infertility treatment is considered as the complicated one because of the involvement of third party and that's why it is necessary to perform this procedure under legal guidance.
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Several countries are out there where renting a womb for the welfare of another woman or family is considered as legal, however in few countries still the process demanding the support of people who are against the process. There have been instances of clashes between intended parents and surrogate mother. Case in point, intended parents of the fetus or baby may request a premature birth or abortion when unforeseen difficulties emerge, and the surrogate mother may restrict the fetus removal.
In order to make the treatment procedure hassle free for infertile couples who have surrogacy as the only option to have baby or to build their family, the Indian Council for Medical Research has given Guidelines in 2005 regulating the procedures of Assisted Reproductive Technology. The Indian Law Commission submitted the 228th report on ART procedures explaining the importance and need of renting the womb and additionally the steps need to taken to monitor the surrogacy arrangements.
In the year 2002, the surrogacy is officially made legal in India. The rules and regulations associated to surrogacy, however allows single parenting option too to those couples who wish to have child as single parent or for LGBT as well. These couples can approach surrogacy centers in New Delhi, the capital of India and now the medical hub of India too.
Below are some guidelines associated to Surrogacy procedure:
- The entire procedure will perform to be governed by a legal contract between both the parties. The contract must contain all the terms including the consent of surrogate mother to bear the pregnancy, agreement of her family including her husband, medical procedure and delivery of child to the intended parents after birth etc.
- The contract ought to be necessarily take care of life insurance cover of surrogate.
- The right of privacy of surrogate mother and donor (if use) ought to be protected.
- The birth certificate of the born child should contain the name of the intended parents as his/her legal parents.
- It is strictly prohibited to have sex selected surrogacy in India
- All the abortion cases ought to be governed by the Medical Termination of the Pregnancy Act 1971.
Apart from legally, surrogacy in India is cheaper as compared to other foreign countries without compromising the treatment quality.