Right to be a Surrogate: Biological, Constitutional and Economic Perspectives
Open Access
- 29 June 2020
- journal article
- Published by ACCB Publishing in Space and Culture, India
- Vol. 8 (1), 78-90
- https://doi.org/10.20896/saci.v8i1.699
Abstract
For the survival of all forms of life, procreation is essential. However, natural procreation is not always scientifically possible. As such, the practice of surrogacy and the use of Assisted Reproductive Techniques have become more widely recognised and accepted in societies all over the world. However, various complex and controversial issues are bounded in such practices. The Surrogacy (Regulation) Bill, 2019 introduced by Government of India makes an attempt to eradicate some of those issues associated with surrogacy. Nevertheless, the legislation seems to be in derogation to the Constitution of India and universal human rights. This study is designed to substantiate in detail the right to be a surrogate in light of the constitutional mandate along with an evaluation of the eligibility criteria to be a surrogate and its consequences with regard to the existing legal framework. Besides, the economic perspective of exploitation of surrogates via banning of commercial surrogacy has been briefly discussed. The discussion under this study is expected to put forward an essential perspective to the right to be a surrogate in relation to a woman’s right to life and personal liberty. Further, prohibiting commercial surrogacy may push practicing surrogates towards other economically unrewarding, poorly regulated and potentially hazardous forms of employment or even make them subject to human trafficking. Therefore, recognition of the right to be a surrogate vis-à-vis the Surrogacy (Regulation) Bill, 2019, would help in avoiding blatant miscarriage of universal justice while upholding the supremacy of the Constitution of India.Keywords
This publication has 27 references indexed in Scilit:
- Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogatesJournal of Medical Ethics, 2013
- Surrogacy and women′s right to health in India: Issues and perspectiveIndian Journal of Public Health, 2013
- Reconceiving Surrogacy: Toward a Reproductive Justice Account of Indian SurrogacyHypatia, 2011
- Benefits and threats of international trade in health: A case of surrogacy in IndiaGlobal Social Policy, 2010
- Commercial Surrogacy in India: Manufacturing a Perfect Mother‐WorkerSigns: Journal of Women in Culture and Society, 2010
- UN: International Covenant on Economic, Social Cultural Rights, 1996Published by Edward Elgar Publishing ,2005
- UN: The Universal Declaration of Human Rights, 1948Published by Edward Elgar Publishing ,2005
- For love and money: the political economy of commercial surrogacyReview of International Political Economy, 2005
- Commercial Agencies and Surrogate Motherhood: A Transaction Cost ApproachHealth Care Analysis, 2005
- The Revised OAS Charter and the Protection of Human RightsAmerican Journal of International Law, 1975