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Issues Relating to Surrogacy in India and the ART (Regulation) Bill, 2010: A Critical Report

Not having a child of one's “own", a child that bears a genetic imprint of oneself, is a social problem. It can make life for some people miserable and for many others very difficult. This is because genes are the way through which families are made. Such families are assumed to be the essential material and emotional support for all people. They are also the only social security available to many people and therefore difficult to forego. A social problem needs a social solution. We need to have social security for all. ARTs, however, underline the importance of genetically linked families. In that sense, they provide individual solutions to a wider social problem. The Assisted Reproductive Technology (Regulation) Bill, 2008 is meant to protect couples seeking the technology from exploitation by unscrupulous medical professionals and unethical marketing practices of ART clinics. It also purports to regulate surrogacy and respond to social and ethical issues around parenting associated with ARTs. It also tries to safeguard the rights of the commissioning couple vis-à-vis the surrogate while claiming to protect the rights of the surrogate.
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