Assisted Reproductive Technology and Law A study with special reference to legal regulation of surrogacy

Abstract

At present, there is a legislative vacuum in India as far as surrogacy is concerned. Through the doctrinal research study ,it is found that human rights of women involved in surrogacy arrangements is not at all protected as it involves a variety of stages where her right to health ,right to self determination and right to privacy is getting compromised. Existing frameworks such as Indian Council of Medical Research (ICMR) guidelines for accreditation, supervision and regulation of ART clinics 2005 and ART (Regulation) Bills fails to identify the rights of parties to surrogacy ,more specifically right of surrogate mother to compensation, right to abortion for her health sake, insurance rights etc. These frameworks are also silent on situations surrogate women dies after delivery and fixing liability on health hazards on her during pregnancy or delivery. These arrangements without any state regulation often exploits poor surrogates. newlineExisting Assisted Reproductive Technology (Regulation) Bill permits continuation of exploitation of surrogates without fixing exact answers to the issues of health, informed consent, compensation, legal assistance of surrogates. An effective analysis on the issue of abortion for the sake of surrogate s health, penal measures for the breach of conditions by the parties is not seen in the Bill. newlineStudy reveals that the existing frameworks for regulating surrogacy are highly inadequate to represent the rights of the parties involved. A comprehensive statement of rights can be done only by a legislation exclusively meant to be for surrogacy .The study recommends the enactment of a gestational surrogacy legislation to regulate the gestational surrogacy arrangements commissioned in India. Through the study, it is found that a wise approach of clear regulation which is legal, remunerated and state controlled is much better than a complete ban of surrogacy arrangements.