Surrogacy

Surrogacy 

Surrogacy or substitute motherhood refers to 'surrogate womb'. “When a couple fails to give birth to their own child due to some physical weakness, they rent the womb of another woman. In this way the child is given birth by that woman. This entire medical process is called surrogacy and the woman whose womb is hired is called a surrogate mother. It has also been opposed many times due to unethical actions or other disputes arising in the process of surrogacy. On the one hand, this procedure has proved to be a boon for couples who do not have children. So on the other hand, the misuse of this process has also increased a lot, which is against the culture and civilization of India. In many cases, the surrogate mother has to face a lot of difficulties, as well as to remove the controversy, the Surrogacy (Regulation) Bill was brought, which we will study in our next article.

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Why Resort to Surrogacy ?

The main reason for adopting the option of surrogacy is physical weakness, which is adopted on the advice of the doctor, but some reasons have also been seen when the couple has resorted to surrogacy. Why resort to surrogacy? Under the heading, we will know similar reasons as well as those technical reasons.

Technical Reason 

1. Due to the natural technical deficiency of the uterus of some women, the embryo does not develop and the woman miscarries before the fetus matures. In such a situation, that woman is not able to become a mother and she is deprived of the happiness of motherhood.
2. When a woman has repeated miscarriages.
3. In the absence of uterus in women.
4. In case of weakness of the uterus.
5. Having uterine or pelvic disorders.
6. Having liver disease or high blood pressure.
7. On having a dangerous disease related to the heart.
8. When the woman is in danger of life due to pregnancy.
9. During pregnancy, the woman has a serious health problem.
10. After failure of Embryo Transplant treatment.
11. When IVF (In Vitro Fertilization) treatment fails.

Other Reason 

• Many times women should not go through the stress of 9 months due to their busy lifestyle and work and resort to surrogacy.
• Many times women from rich homes do not want to give birth to children because of their figure.

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Process of Surrogacy 

The medical process of surrogacy is a complicated process. IVF technology is used in this process. In this, after fertilization of the egg in the uterus of the couple, it is removed from the woman's womb at a certain period and transplanted into the uterus of another healthy woman, where this fertilized egg is fertilized. Development of Embryo takes place from Egg and Development of Baby takes place from Embryo. After this, on completion of the required time period (9 months), a child is born through the surrogate mother.

IVF Technology 

IVF stands for In Vitro Fertilization. , In IVF technique, fertilization of egg and sperm is done in a test tube. If the female is not able to become a mother due to any deficiency in the male of the couple, then by taking the sperm from the semianal vesicle of the male and the mature egg from the ovary of the female at a certain time. Fertilization is done in a test tube by taking it. After some time, when the zygote starts developing from the fertilized egg, it is transplanted into the uterus of the couple's woman, due to which the fetus develops. No surrogate mother is required in this.

If the couple is unable to conceive due to any deficiency in the woman, then in this case the above process is followed, but the fertilized egg is placed in the surrogate mother instead of the couple's womb.

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Types of Surrogacy 

If seen from different perspective, there are many types of surrogacy. Here we will mainly understand the type of surrogacy technically and the type of surrogacy from social point of view –

        A. Types of Surrogacy Medically

        B. Types of Surrogacy Socially and Legally        

A. Types of Surrogacy Medically

Medically there are two types of surrogacy.

1. Traditional Surrogacy
2. Gestational Surrogacy      

1. Traditional Surrogacy

In this, the sperm of the father is fertilized with the egg of the surrogate mother. The child born in this is related to the father and the surrogate mother. Since this process takes place under a Surrogacy Agreement, the child born because of this is considered to be related only to the father.

2. Gestational Surrogacy

In this, fertilization of the couple ie the egg and sperm of the parents is done in a test tube. After the fertilization of the egg, the fertilized egg is transplanted into the uterus of another woman ie Surrogate Mother. In this the genetic relation of the child is with the couple.

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B. Types of Surrogacy Socially and Legally

There are two types of surrogacy socially as well as legally.

1. Altruistic Surrogacy 
2. Commercial Surrogacy

1. Altruistic Surrogacy

In this the surrogate mother has a close relationship with the couple. For example, Surrogate Mother should be a member of the couple's family, a family friend, etc. In this, the surrogate mother voluntarily agrees to give birth to a child for the couple without taking any money.

2. Commercial Surrogacy

In this, it is not necessary for the surrogate mother to have a close relationship with the couple. In this, there is an agreement between the surrogate mother and the couple, according to which money is given to the surrogate mother by the couple. Also, the couple bears the medical expenses, travel expenses, legal expenses, life insurance cover and other essential expenses of the surrogate mother. 

Conflict Arising in the Surrogacy Process

In surrogacy many times a dispute arises between the couple and the surrogate mother regarding the child, after which the court and the police have to intervene. Following are the situations of dispute arising in surrogacy –

1. In surrogacy many times after giving birth to a child, the surrogate mother refuses to give the child to the couple due to emotional attachment. Controversy arises in such a situation.
2. In surrogacy many times the children born are handicapped, or they suffer from some other serious illness, due to which the couple refuses to take the child. Disputes arise in such a situation.
3. Many times disputes also arise due to the defect committed by the doctor.
4. During commercial surrogacy many times the couple and the surrogate mother accuse each other.

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Solution of the Conflict Arising in Surrogacy

To resolve the dispute arising in surrogacy, Surrogacy Act was brought by different countries in their country. Surrogacy Bill was brought in view of this problem in India as well, which we will study in our next article Surrogacy (Regulation) Bill. Provisions have been made in Surrogacy Bill mainly regarding misuse of commercial surrogacy and protection of surrogate mother.

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