Last Updated on May 26, 2023 by Shabnam Sengupta
Surrogacy is a practice in which a woman carries a child for intended parents who are unable to conceive or carry pregnancy themselves. In this, the woman who bears and gives birth to the child is called a surrogate mother. A lot of celebrities in India opted for surrogacy in recent times, including actors like Shah Rukh Khan, Priyanka Chopra, Tusshar Kapoor, director-producers Karan Johar, Ekta Kapoor, among others.
Surrogacy has emerged as a significant, and at times, contentious topic. Recently, South Indian actors Nayanthara and Vignesh made the headlines by announcing on social media about their parenthood via surrogacy. A government investigation followed, and the couple was eventually given a clean chit. It was found that the process of surrogacy had started in March 2022. It was also learnt that their marriage was registered six years ago, and they registered for it in December 2021. This was done weeks before commercial surrogacy got banned in India.
Types of surrogacy
Surrogacy can be divided into four types.
Traditional surrogacy: In this type, a childless couple can become parents with the help of a surrogate mother who is the baby’s biological mother. In this case, the surrogate mother also has legal rights to the child.
Gestational surrogacy: In this type, the surrogate mother is not the biological mother to the child. She only rents out her womb to carry the child till its birth. Here, the sperm of the child’s father and eggs of the mother or those of the donors are matched in a test tube and implanted in the uterus of the surrogate mother. It is considered to be a complicated procedure, but it is more common in India since it involves less chance of legal tussle.
Altruistic surrogacy: In this type, the surrogate mother could be known or unknown to the childless couple who wants to help them out.
Commercial surrogacy: In India, commercial surrogacy is banned for a number of reasons. In this, the surrogate mother is paid. It has been banned to prevent commercialisation of the womb and misuse of the process.
Complications and challenges of surrogacy
Surrogacy comes with not just medical but also emotional challenges. As per the Surrogacy (Regulation) Act 2021, any woman who is a widow or divorcee between 35 and 45 years of age or a legally married couple can avail surrogacy. It also prohibits commercial surrogacy and can lead to 10 years of imprisonment and a fine of Rs 10 lakh for violating the law, which only allows surrogacy which doesn’t involve any monetary transaction.
Surrogacy also strengthens the society’s patriarchal structure since there is no legal provision to provide financial aid to women. It is also important for the authorities to ensure that poor women are not exploited in the name of this practice, leading to illegal consequences. The emotions of the surrogate mother should also be considered because it is often difficult for her to get separated from the child who she carries for nine months before giving birth. In altruistic surrogacy, the third party has no stake as such, something which the law should address.
Crucial things to bear in mind
Surrogacy, despite its benefits, presents certain drawbacks that need to be acknowledged. Some couples such as those in live-relationships, trans-people, and same-sex couples, may face limitations in accessing its services. Additionally, as mentioned earlier, the unregulated nature of surrogacy can give rise to illegal practices. Furthermore, the financial burden associated with it can be substantial. While it has undeniably been a blessing for many, it is crucial to urgently address the challenges it brings. Honesty is of utmost importance for those involved in the process, including the intended parents, the medical institutions performing the procedure, and the women choosing to become surrogates.
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