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Surrogacy: A Historical and Legal Perspective, Essays (university) of Family Law

An in-depth analysis of surrogacy, its historical background, different forms, essentials for surrogacy mothers and intended parents, important case laws, and recent amendments in indian laws. It also discusses the ethical, moral, and legal concerns related to surrogacy and its impact on the rights of the surrogate mother and intended parents.

What you will learn

  • What are the different forms of surrogacy?
  • What are the recent amendments in Indian laws related to surrogacy?
  • What are the essentials for becoming a surrogate mother?

Typology: Essays (university)

2018/2019

Uploaded on 08/30/2021

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SURROGACY
ABSTRACT:
New and creative family building options are offered through the advancement of science and
medicine. For couples who are unable to bear a pregnancy effectively, surrogacy is a family
building choice. Surrogacy is an arrangement signed by the couple and the surrogate mother
to have their own infant. The woman who decides to raise a baby for someone else is a
surrogate. After the child is born, the mother gives the planned parent or parents’ custody and
guardianship. The law and medical measures to be taken are complicated. The process must
be kept informed, professional advice sought and networks established. Since 2002,
surrogacy in India has become popular as a surrogacy centre since its own journey from India
to the Surrogacy (Regulation) Bill, 2020, which for many will limit the choice of surrogacy.
INTRODUCTION:
The word surrogate is derived from the word subrogate in Latin, which means substitution.
The surrogate mother is identified under section 2(zf) of the surrogacy bill 2020, surrogate
mother implies a woman who becomes pregnant and gives birth to a child in order to give
this child to the intended couple is mentioned under section 2(r) of surrogacy bill 2020, i.e.
means a couple who have been medically certified to be an infertile couple who wish to
become parents by surrogacy; as surrogacy is referred to in section 2 (zc). Usually referred to
as the "intended" or "commissioning" parents. Surrogacy is an important fertility procedure in
which the advent of in vitro fertilisation (IVF) has made it possible for women without uterus
to have motherhood, with pre-uterine abnormalities or having other contraindications for
pregnancy, by using an embryo produced by itself or by a donor and transferred to the
gestational carrier uterus.
HISTORICAL GROUNDS OF SURROGACY:
In the story of Sarah and Abraham, the first mention of surrogacy can be found in "The Book
of Genesis." Sarah and Abraham were married, but they were unable to conceive their own
child, so Sarah turned to Hagar, her servant, to be the mother of Abraham's child. In this
scenario, the surrogate uses her own egg for the infant she's bearing for her intended parents.
While Sarah was not related to the baby biologically, both she and Abraham declared the
infant to be their own. The notion of substitution is also found in Hindu mythology, as
Balram is considered to be the son of Mother Devaki and the elder brother of Lord Krishna,
despite being born from the womb of Rohini. Reproductive services have been given for a fee
from the middle Ages to modern times.
1884: The first successful, but ethically dubious artificial insemination of a woman has been
achieved. This paved the way for possible artificial inseminations used in the process of
substitutes.
1975: first IVF embryo transmission has succeeded.
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SURROGACY

ABSTRACT:

New and creative family building options are offered through the advancement of science and medicine. For couples who are unable to bear a pregnancy effectively, surrogacy is a family building choice. Surrogacy is an arrangement signed by the couple and the surrogate mother to have their own infant. The woman who decides to raise a baby for someone else is a surrogate. After the child is born, the mother gives the planned parent or parents’ custody and guardianship. The law and medical measures to be taken are complicated. The process must be kept informed, professional advice sought and networks established. Since 2002, surrogacy in India has become popular as a surrogacy centre since its own journey from India to the Surrogacy (Regulation) Bill, 2020, which for many will limit the choice of surrogacy. INTRODUCTION: The word surrogate is derived from the word subrogate in Latin, which means substitution. The surrogate mother is identified under section 2(zf) of the surrogacy bill 2020, surrogate mother implies a woman who becomes pregnant and gives birth to a child in order to give this child to the intended couple is mentioned under section 2(r) of surrogacy bill 2020, i.e. means a couple who have been medically certified to be an infertile couple who wish to become parents by surrogacy; as surrogacy is referred to in section 2 (zc). Usually referred to as the "intended" or "commissioning" parents. Surrogacy is an important fertility procedure in which the advent of in vitro fertilisation (IVF) has made it possible for women without uterus to have motherhood, with pre-uterine abnormalities or having other contraindications for pregnancy, by using an embryo produced by itself or by a donor and transferred to the gestational carrier uterus. HISTORICAL GROUNDS OF SURROGACY: In the story of Sarah and Abraham, the first mention of surrogacy can be found in "The Book of Genesis." Sarah and Abraham were married, but they were unable to conceive their own child, so Sarah turned to Hagar, her servant, to be the mother of Abraham's child. In this scenario, the surrogate uses her own egg for the infant she's bearing for her intended parents. While Sarah was not related to the baby biologically, both she and Abraham declared the infant to be their own. The notion of substitution is also found in Hindu mythology, as Balram is considered to be the son of Mother Devaki and the elder brother of Lord Krishna, despite being born from the womb of Rohini. Reproductive services have been given for a fee from the middle Ages to modern times. 1884: The first successful, but ethically dubious artificial insemination of a woman has been achieved. This paved the way for possible artificial inseminations used in the process of substitutes. 1975: first IVF embryo transmission has succeeded.

1978: The first child conceived through IVF transmission was born. .1980: A conventional replacement agreement was first signed between Melissa Stern and the expected parents, or "Baby M," born in the US. Mary Beth Whitehead, the surrogate and biological mother, declined to cede Melissa custody to the couple she had signed the substitution arrangement with. 2004–2008: Approximately five thousand children have been born via surrogacy all over the world. TYPES OF SURROGACY: Surrogacy comes in two forms gestational and traditional forms

  1. Traditional form of surrogacy: Surrogacy is the outcome of the surrogate mother's artificial insemination with the sperm of the intended father, making her a genetic parent along with the intended father. Surrogacy is the result of the surrogate mother's artificial insemination with the sperm of the intended father, making her a genetic parent along with the intended father.
  2. Gestation form of surrogacy: It is described as an arrangement in which an embryo is transferred to the surrogate uterus from the intended parent or from a donated oocyte or sperm. The woman who bears the infant has no genetic link to the child during gestational surrogacy. Commercial surrogacy : It is a type of surrogacy in which a gestational carrier is charged to bear a child in her womb to maturity and is typically resorted to by infertile couples with higher incomes who can afford the costs involved or individuals who save and borrow to complete their dream of becoming parents. It is mentioned under section 2(f) of surrogacy bill 2019.(Now abolished) Altruistic surrogacy : It means surrogacy in which no costs, expenditures, fees, remuneration or monetary benefits of any kind, except medical expenses incurred by the surrogate mother and insurance cover for the surrogate mother, are charged to the surrogate mother or her dependent or her representative. It is mentioned under section 2(b) of surrogacy bills 2020 ESSENTIALS FOR BEING A SURROGATE MOTHER: According to the 2014 Draft Assisted Reproductive Technology Bill and surrogacy bill 2020 surrogate is usually 23-35 years old married woman with one child of her own and at least 3 years old. A surrogate birth should be given in her lifetime. For her to become a surrogate mother, the consent of the surrogate husband is necessary. Certificate of medical and psychological health of the intended surrogate mother. ESSENTIALS FOR COUPLE INTENDING THE CHILD:
  3. Age of women from 23 to 50 years of age of men from 26 to 55,
  4. Five years of matrimony
  5. Both the spouses should be citizen of India.
  6. No child by any means before(Exception-child having life threatening disease or disorder with no cure with certificate or district medical board)

REFERENCES:

UNIVERSAL LANDMARK JUDGEMENTS BOOK

THE HINDU NEWS MAGZINE

www.latestlaws.com www.legalservices.india www.worldwidesurrogacy.com www.lawoctopus.com www.surrogate.com BY: CH.SATHVIKA BA.LLB(hons) SECOND YEAR GITAM SCHOOL OF LAW,VISHAKHAPATANAM