Rent-A-Womb In India Still Shrouded In Legal Confusions

There are things that are commercial, and then there are aspects that are purely emotional. India opened doors to liberalisation early this century and we are doing pretty well. Market is not such a dirty word anymore, since it does not just represent capitalist forces. It also holds forth a bouquet of opportunities that can be used for mutual benefit for stakeholders at different levels.

When Prime Minister Narendra Modi said ‘Make in India’ should be the motto for the next few years, he surely didn’t mean surrogacy. But then, the ‘market’ if we can call it that, in surrogacy is so huge that the growth potential is simply astounding.

Most surrogacy clinics in India cater mostly to the needs of overseas couples. In the recent times, the number of Indian couples wanting to have children through surrogacy has also increased. The number of clinics offering surrogacy have increased manifold in the first half of this decade. Today, with no legal framework being present to clearly put surrogacy through a proper process, it remains a hazy area, which needs some real bright light.

When it comes to surrogacy, the word ‘market’ or ‘demand’ mean something else. They bring forth both poverty of the surrogate, and the buying power of the childless couple who desperately want children. But, when you consider the fact that a surrogate mother often comes or is made to enter the ‘market’ to up her economic status, ruling out the ‘benefit’ factor isn’t easy.

Because, in a country like India, where poverty can force women to become sex workers, an easy prey to commodification, and somewhat unclear rights to safety and security; the economical power surrogacy vests in a surrogate is considerably higher than living an impoverished life.

It is rather noteworthy that the social and biological aspect of India’s baby boomers has a pattern. Set to be the most populated country in the world, India is also home to excellent medical facilities and is in tune with dynamic technology scenario.

Countries like Australia, the US, UK among others have been considering India a safe option for surrogacy considering the social security and a basic ground work that’s thorough as far as the clinics offering this facility are concerned. This is where the majority of the clients also come to have babies with a surrogate, not out of guilt, but with a lot of concern and clear negotiations on several aspects relating to the birth of the child.

And, today Indians have been acknowledging the strides made in this area of reproductive sciences. Assisted Reproductive Technology (ART) as it is known, has been an answer to nature’s challenge that had left many couples childless in the race of time.

Quite a few number of celebrities such as Bollywood actors Shah Rukh Khan and Aamir Khan have been open about the fact that they have had one child each through surrogacy. With this kind of endorsement, without having to sign up a celebrity for the cause, surrogacy has received quite a bit of boost for its cause.

But, what remains to be seen is whether this attention will turn into a boon or bane for the issue. Given the fact that caesarean sections are much higher than ever before in Indian hospitals, blaming it on the changing socio-economic conditions and anatomy of Indian women who don’t want to risk their lives by going through delivery by nature, experts are wary about surrogacy taking the same turn. Would there be a time when surrogacy would be considered ‘cool’ and ‘convenient’ just because it involves no real labour on part of the woman who wishes to be a mother?

Over a period of time, with the bracket of disposable income climbing steadily, will surrogacy cost less and turn into an occupation? Experts surely assume this scientific stride should be used judiciously and not liberally as a substitute to having a child.

Union minister Harshvardhan has provided an indicator about surrogacy being dealt with more seriousness than before, with his opinion where he said adoption was a better option over surrogacy. Will this mean India will stop being a ‘market’? Answers aren't forthcoming yet.
Image: indiatimes