COMPENSATION FOR SURROGATES

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Picture Courtesy: https://www.washingtontimes.com/news/2015/dec/1/us-warms-to-surrogacy-as-womb-for-rent-scandals-pr/

Context:

The Supreme Court should address concerns related to Surrogacy to ensure fair compensation for Surrogates.

About Surrogacy

• Surrogacy is a reproductive practice in which a woman agrees to carry and birth a child for another individual or couple.
  • • It can be done using different techniques, including in vitro fertilisation (IVF) and conventional insemination.
• Types of Surrogacy:
  • • In Traditional Surrogacy, the surrogate mother is the biological mother of the child.
    • In Gestational Surrogacy, the surrogate mother has no genetic relationship to the child.
    • In Altruistic surrogacy, a closely related woman agrees to be a surrogate without receiving any compensation beyond medical expenses.

Background

• Before 2016, surrogacy was a commercial industry, where clinics and intermediaries created agreements to compensate surrogate mothers for their services.
• The Surrogacy (Regulation) Act of 2016 declared commercial surrogacy illegal.
  • • It prohibited monetary compensation other than medical expenses and insurance to support surrogacy from evolving into a commodity and avoiding future exploitation.
• Surrogacy regulation has strengthened with the Surrogacy (Regulation) Act and the Assisted Reproductive Technologies (Regulation) Act 2021.

SURROGACY:https://www.iasgyan.in/daily-current-affairs/surrogacy-44

Concerns Related to Current Regulations

• The 2016 Act prohibited compensation beyond medical expenditure to address concerns related to surrogacy exploitation and marketing, but it failed to address all surrogacy-related issues.
• It Ignores the reality that pregnancy and childbirth are physically demanding processes that have significant effects on the surrogate's health and life.
  • • The law failed to provide fair compensation for the surrogate support.
• It has pushed some surrogacy partnerships underground, resulting in uncontrolled operations and possibilities for exploitation.
• Surrogates may face financial hardships without fixed compensation rules.
• The Parliamentary Standing Committee Report (2016) highlighted the significance of proper compensation for more than just medical expenses, such as lost wages and post-delivery care.

The Role of the Supreme Court

• The Supreme Court's involvement is important to guarantee that surrogate mothers are sufficiently awarded.
• The Court must design a framework for fair compensation based on the surrogate's labour and sacrifices.
  • • It may include compensation for lost wages, medical expenses, psychological services, and post-delivery care.
    • This will ensure that surrogates do not suffer financial losses as a result of their participation in surrogacy arrangements.
• The Court's intervention may counterbalance the interests of all stakeholders, including intended parents, surrogates, and clinics.
  • • Ensuring proper pay while minimising exploitation would help in maintaining ethical standards in surrogacy services.

Way Forward

The shift to altruistic surrogacy was well-intended, but the issue of fair pay for surrogates must be fully addressed. The Supreme Court's intervention is essential in developing a reasonable and equitable system that respects and treats surrogates fairly.

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Source:

Indian Express

Wikipedia