Progressive or Contentious?

There are many methods to conceive children. But what would couples do when all methods fail and their last resort is the one that is under much scrutiny?

Learning all about the Bill. Image source: The Times Of India

Motherhood. It's a gift. It's a misconception that all women can be mothers or bear a child. While some women choose to not have children, others can't have them.

Couples who long for a child but can't conceive due to physical complications and other factors often resort to other procedures such as adoption or surrogacy.

Recently, the term surrogacy has been used widely, and many movies and documentaries have been made to explain the concept.

Surrogacy is often viewed negatively by society. Why do you think that happens? Surrogacy means that a woman carries and gives birth to the baby of another person who is unable to have the child.

Asian countries have been destinations for couples seeking surrogacy as an alternative. One might think how surrogacy could be viewed in a bad light. After all, the surrogate is carrying a couple's dreams and the couple, in turn, takes care of the surrogate mother. Motherhood is a blessing, and not everyone is fortunate enough to experience the joys and pains that come with it. To feel deprived of it is an inexplicable sorrow.

While some people feel that surrogacy is taboo, the issue goes deeper than that.

Commercial surrogacy is the primary cause of worry. Paying cash to the Illiterate surrogate women from poor regions or backgrounds are most likely to fall prey to these traps. These women who are only looking for a better life believe that if they carry a child, they'll be cared for, and their lives would be normal after they've had the baby. Little do they realise that being a surrogate puts them in a vulnerable state making them and the child more prone to trafficking.

Understanding the challenges that have risen with surrogacy practices in India, the government passed the Surrogacy (regulation) bill in 2019.

According to new amendments, commercial surrogacy is banned. But the bill allows altruistic surrogacy. It also states that a surrogate should be a close relative. The surrogate mother and the couple must obtain certificates from the concerned authorities before they can proceed with surrogacy.

The bill also states that only Indian nationals will be allowed to avail the option of surrogacy. Foreign nationals won't be allowed to have surrogate mothers from India.

The bill also prohibits homosexuals, single parents, and couples in live-in relationships from conceiving children via surrogacy.

Those couples who already have children but cannot conceive more shall not be allowed to avail surrogacy facilities but will be allowed to adopt under separate laws.

Certain provisions of the amendment were deemed contentious and asked the government to elaborate on terms subject to wider interpretation. Overall, while most people were of opinion that the bill was good, they thought it wasn't modern enough.