India: A Destination for International Surrogacy Essay

There are four types of surrogacy. First is the traditional, or formally known as genetic surrogacy. Genetic surrogacy is when the carrier donates both her eggs and her womb. With this route, there are many legal issues that the parents could face. Under the law, the carrier is the mother of the child. It is also unethical and illegal, according to the 13th amendment, to hand over the custody of a child for money. Also, against the 13th amendment, there is a forced separation of mother and child in this situation. One of the biggest risk that parents take with this type of surrogate mother, is that the mother is allowed to decide to keep the baby and they can do nothing about it. The surrogate mother, by law, is allowed to keep this baby because it is her egg which means that it is biologically her child.

Australian law reforms have been adequately effective in dealing with surrogacy and birthing technologies. The NSW state reforms have effectively supported the changing values of society by aiming to achieve justice and avoid conflicts surrounding surrogacy, while the commonwealth is obsolete on effective laws to prevent surrogacy issues. As the demand for surrogacy and birthing technologies increases, issues surrounding surrogacy are more prevalent in society. Additionally, there is no Commonwealth law, meaning each state and territory has developed individual laws of surrogacy and birthing technologies, allowing for issues and challenges surrounding the protection and the rights of all parties involved.

Why the law is contradictory and ineffective when it comes to overseas surrogacy- Altruistic surrogacy is diversely regulated by the states and territories, raising the issue of the interaction of those laws in international cases. Commercial surrogacy is prohibited in Australia, but is permitted in other countries. An increasing number of Australians exploit this difference by entering into commercial surrogacy agreements overseas, raising the question of the effect of such agreements in Australia. Suggesting that the well-meaning regulation of altruistic surrogacy and criminalisation of commercial surrogacy within Australia is likely to be ineffective in cross-border situations. Accordingly, suggests to reform the Australian law and endorses

The procedures of surrogacy is a delicate and sensitive topic which raises many concerns in the public. As a result of this, Australian laws and courts of law must allow and regulate these practices to make it safe for all involved. Commercial forms of surrogacy agreements are illegal in most states, shown in Part 2, Division 2 in the Surrogacy Act 2010 NSW and Chapter 4 Part 1 in the Surrogacy Act Qld. However, in remaining jurisdictions, couples are allowed to deal in commercial agreements and therefore often turn to an overseas arrangement. It is here where Australian law becomes more obscure and less regulated. In any arrangement including altruistic surrogacy, there are no enforceable laws on the agreement, hence prompting multiple issues regarding the parentage of the child. When the child is born from the gestational carrier- the birth mother and father, according to the Status of the Children Act 1996, are the legal parents. It is when the intended parents apply for a parenting order and accepted by the birth mother that the child’s parentage is transferred- this situation is set out in the case of Re Michael

Commercial surrogacy is the process in which a woman is paid a fee to carry and deliver a baby to term. Once the baby is delivered, the woman relinquishes all parental rights to the commissioning couple who exclusively raise the child as their own. Altruistic surrogacy, by contrast, is an arrangement where the surrogate receives reimbursement but only for the expenses that she may have incurred during the pregnancy. In this essay I will argue that commercial surrogacy should not be market-inalienable. I will start by outlining Elizabeth Anderson’s argument in “Is Women’s Labor a Commodity?” in which she offers a number of criticisms to commercial surrogacy. I will then outline objections to the argument and highlight how her argument is highly speculative and does not provide an adequate basis for the prohibition of commercial surrogacy.

This is best described in the article “Rules get tough for overseas surrogacy”. People using surrogate mothers in India may no longer be able to do so after the Immigration Department said it would not guarantee citizenship to babies. India is one of the most popular destinations for couples seeking surrogacy arrangements is changing its laws to require prospective parents to obtain a guarantee of citizenship for their child before starting the surrogacy process.

When one or more persons contract with a woman to gestate a child than relinquish that child after birth to the person or couple is known as surrogacy. It is a course of action that goes outside of natural reproduction. For some, it is the only method of having children, extending family. Surrogacy has been stirring up many controversies over the years. Ethics, morals, laws, religious views, etc. have played a major role in the issues that follow the topic of surrogacy. Laws and regulations pertaining to surrogacy vary from state to state. Some states have no enforceable laws

There are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate mother is impregnated using the sperm of the intended father by a procedure called donor insemination. In this case, the surrogate mother and the intended father are genetically related to the baby. In gestational surrogacy, a procedure called in vitro fertilization is used to impregnate the surrogate mother using a couple’s fertilized ovum (Chittom and Wagner). There are two types of surrogacy arrangements: altruistic and commercial. In

Firstly, some people have chosen to agree with this type of practice because of it’s benefits to couples of whom can not conceive a child. Whether it be a homosexual couple, or just a couple who is infertile and can’t have children. (Surrogate Mothers: Not So Novel After All, 28-34) In addition, the women who do end up as surrogate mothers, end up feeling better about giving a childless couple, the gift of having a child. Also other advantages that can be taken into account brings us back to same gender couples who can not conceive a child on their own, these couples would be now allowed to have a child of their own. (Gay Men Who Become Fathers via Surrogacy: The Transition to Parenthood, 111-141) They would, of course provide their sperm or egg, to the mother. This is a more efficient way to get a child, rather than go with adoption of another

Judith Warner criticizes commercial surrogacy especially in the case of India because it exploits the poor Indian women by taking advantage of their need for money and ability to grow a baby. Describing surrogacy as dehumanization Warner and Gentleman agree that a surrogate mother is a “mere host” that rents out her womb for money (Gentleman, Warner).Warner again criticizes surrogacy stating that there is “more to the process of carrying a baby and giving birth to it than being an incubator on legs” like the physiological and psychological factors that bind a mother and baby at birth (Warner).

We cannot battle those who are infertile for what extent they would go to in order to have a child (Cotton 34). Because of this, regulation of surrogacy is important, especially in terms of those who are not the ones who initiate the process. For surrogates, we must understand the emotional toll they will go through and accept things will not be perfect. Their efforts should be recognized in some form along with appreciation for their cooperation. As a surrogate, they should remember what the purpose of the process is and stick to what they were assigned and agreed to do. Intended parents should understand that when a third party is involved disagreements will occur and compromise should be exerted. They must also recognize as much as they have wanted a child, the surrogate may form the same attachment as they do, so they must address it morally not selfishly. For children, we must consider the complexity of surrogacy, as they are the direct results. They should be given the same respect and care as another other child. Their interests should be kept in mind whether it is from the social parents’ side or the biological parents’

Deborah L. Spar’s book, The Baby Business, provides an eye opening experience about surrogacy and the selling of eggs without women becoming pregnant. I am surprised to know how people in general and the field of medicine in particular can and has find ways to make the process of procreation possible and a accessible through marketing. Considering the time of Abraham when Sara who longed to have a child asked her husband to give her a child through her maid and claim him/her as her own, was

In today’s society, surrogacy is becoming a more and more popular and common issue. For many couples who cannot or unwilling to carry babies by themselves, surrogacy is the first choice to have their own babies and build a family. The legality of surrogacy is different for every country. There are countries that consider the birth mother as the legal mother while there are those that don't. Besides, a lower price of surrogacy in developing countries drives them to find surrogate mother overseas. Thus, international

On the flipside on the issue, can it not also be viewed that allowing these women to do as they see fit with their bodies as economic empowerment? The money provided to these women can used for various financial means outside of taking care of medical heath care for themselves and the child. The amount provided to each female varies depending on what she and the couple feel is sufficient, therefore any extra monetary compensation can used to help the women relieve themselves from other debts. Autonomy does provide the right that women get to choose their reproductive rights and that includes bearing children for those who cannot do so or for monetary stability. Suggesting that surrogacy dehumanizes her is another form of paternalism. Paternalism limits one’s autonomy for their own good (Pozgar, 2012).

Surrogate Motherhood is something that not many people actually support, even though it “is one of the many reproductive techniques that have enabled infertile couples to have children” (qtd. in Freedman). There are two types of surrogacy, traditional and gestational. The traditional type of surrogacy involves the surrogate mother being (AI) artificially inseminated with the sperm of the intended father or sperm from a donor when the sperm count is low. In either case the surrogate’s own egg will be used. Genetically the surrogate becomes the mother of the resulting child (Storey). Although there are two different types of surrogacy, a traditional surrogacy is rarely seen or done anymore. In gestational surrogacy, the surrogate mother has