What is surrogacy ?

What is Surrogacy?
Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parent/s).
A surrogate, sometimes also called a gestational carrier, is a woman who conceives, carries and gives birth to a child for another person or couple (intended parent/s).
Altruistic surrogacy: 
It involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
Commercial surrogacy:
 It includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

Currently, Karnataka High Court has evolved “triple tests” to help a couple facing legal hurdles to have a surrogate child under provisions of Surrogacy (Regulation) Act, 2021.

More on news
# The triple test entails:
= Genetic test for husband to ensure child is not
 born with any disorder.
= Physical test for couple to ascertain their capacity
to manage the child .
= Economy test for couple to ensure that they can
protect the future of the child.

Issues with the act -
• Exclusionary in nature:Only legally married couple are
allowed to choose for surrogacy. This excludes
transgenders, live-in partners, unmarried youth who
also wants to parent a child.
.In Devika Biswas v. Union of India, the Apex Court
held that Right to Reproduction was an essential facet of the ‘Right to Life’ under Article 21.
• Restrictive definition of ‘infertility’: Infertility is restricted to failure to conceive. It does not cover other issues that a women may face in delivering a child.
• Hampers the source of livelihood: Banning   commercial surrogacy denies a legitimate source of income of the surrogate.

Way forward
• Taking care of Post-Partum depression: Government must take into account postpartum depression and make provisions for it, and that maternal benefits   should be extended to both mothers.
• Rescinding the time-frame for IVF treatment: The government should remove the time limit for IVF
treatment before permitting surrogacy, considering the medical conditions and fears preventing some
women from childbirth.
• Overtime expanding the option of surrogacy to include commercial surrogacy: Expanding the surrogacy market with proper safeguards overtime will help those deprived of the love of a child.

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