Tag Archives: Sonali Kusum
In the light of the recent Bombay High Court judgement permitting a surrogate mother right to terminate pregnancy, the issue of right of surrogate mothers to seek abortion assumes crucial significance which needs consideration.
The Surrogacy (Regulation) Bill, 2016 proposes for legalization of altruistic surrogacy among the familial relations of the intending couples seeking to have a child through surrogacy involving a close female relative of the same couple as surrogate mother for altruistic reasons. There is complete prohibition on payment of monetary returns to surrogate mother except for insurance.
In view of the present case before the Family Court of Mumbai being adjudicated between an Iranian intending couple and an Indian surrogate mother where in the latter alleges that the intending father is not of good character and therefore refuses to hand over the custody of child given birth by her to the Iranian national.
The Surrogacy (Regulation) Bill 2016 has been introduced in the parliament following cabinet approval which proposes for the first ever legalization of altruistic surrogacy and prohibition and penalization of commercial surrogacy in India to put an end to exploitation of surrogate mothers.
The Bill in its enthusiastic drive to control the exploitation of surrogate mothers has made a glaring oversight of the other crucial stakeholder — the infertile individuals who are facing medical ailments and need such treatment.
Opinion: Family Balancing, ART & Sex Selective Surrogacy – National, International, Legal Perspectives
Keeping in mind the Indian position on sex ratio, menace of female foeticide, it may be rightfully said that sex selection through any other nomenclature means or techniques must be strictly prohibited, penalized as there ought to be counter balancing of the individual rights towards larger social, legal objectives, social welfare.