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By Inderpal Singh
In an era where the global narrative increasingly supports women's autonomy and the freedom to make personal choices, India presents a contrasting picture, rooted in what some critics describe as archaic legislative practices. At the heart of this controversy is the issue of surrogacy in India — a practice that has offered countless individuals worldwide the chance to fulfil their dreams of parenthood. Yet, in India, the legislative framework surrounding surrogacy imposes restrictions that many find perplexing and discriminatory.
According to the nation's surrogacy regulations, single women find themselves unequivocally excluded from the option of surrogacy. The law distinctly bars them from accessing surrogacy services, drawing a line that many argue is both arbitrary and unjust. Paradoxically, the Surrogacy (Regulation) Act carves out exceptions for widows and divorcees, allowing them the opportunity to avail themselves of surrogacy procedures.
Surrogacy in India
Surrogacy is an arrangement, often supported by a legal agreement, where a woman (the surrogate mother) agrees to become pregnant and gives birth to a child for another person or couple, who will become the child's parent(s) after birth. In traditional surrogacy, the surrogate mother is also the biological mother of the child. This means that her own egg is fertilised, typically through artificial insemination, using the sperm of the intended father or a sperm donor. Because the surrogate's egg is used, she is genetically related to the child. While in gestational surrogacy, the surrogate mother is not genetically related to the child she carries. The embryo is created via in vitro fertilisation (IVF) using the egg and sperm of the intended parents or donors, and then transferred to the surrogate's uterus.
Surrogacy in India is marked by stringent legal frameworks that significantly narrows the path to parenthood for many. The rules related to Surrogacy in India place tight restrictions on who can access surrogacy services, limiting this option exclusively to heterosexual, married couples. This legislative decision effectively sidelines a diverse range of individuals and couples from the surrogacy process, including single individuals, unmarried couples, and members of the LGBTQ+ community.
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