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6 Indian J.L. & Just. 92 (2015)
Regulation of Commercial Surrogacy in India: Some Suggestions

handle is hein.journals/ijlj6 and id is 380 raw text is: REGULATION OF COMMERCIAL SURROGACY IN INDIA: SOME SUGGESTIONS Ayan Guha1 & Neha Chauhan2 I. Introduction Of all the Assisted Reproductive Techniques available, it is surrogacy which has caught the public eye and has brought India on the world map in terms of reproductive tourism. Surrogacy can be commercial or altruistic. In the former the surrogate mother is paid for bearing the child to full term whereas in the latter she is simply reimbursed for only the medical expenses. Sociologists often say that the parents construct child biologically, while the child constructs the parents socially While technology has broadened the ambit of Alternate Reproduction Possibilities, it has opened the floodgates for complicated multi-party, inter-national agreements where womb is used for rent. Commercial surrogacy in India is legal. The availability of medical infrastructure and potential surrogates, combined with international demand, has fuelled the growth of the industry. The economic scale of surrogacy in India is unknown, but study backed by the United Nations in July 2012 estimated the business at more than $400 million a year, with over 3,000 fertility clinics across India. Surrogate mothers receive medical, nutritional and overall health care through surrogacy agreements.' The usual fee is around $25,000 to $30,000 in India which is around 1/3rd of that in developed countries like the USA.4 Surrogacy, or a woman gestating and birthing a baby for another woman, is not a new social phenomenon. There are excerpts from the Bible in which maids are forced to bear the children of their mistresses, implying that people of ancient times might have practiced surrogacy. The Old Testament examples of Abraham and Sarah and their servant, Hagar, and Jacob's two wives, Rachael and Leah, whose maids underwent pregnancies for them are the earliest recorded incidences of surrogacy (Genesis 16, 1-6; 1 Assistant Professor, N.P.R.M. Government College, West Bengal Education Service (W.B.E.S.) and Doctoral Scholar, Jamia Milia Islamia, New Delhi. Ph- 08697027483; Email-mailgooho @ gmail.com 2 L.L.M. Student, Indian Law Institute (ILI), New Delhi. Ph-09868906107; Email- Chauhan nehaa @ yahoo.com 3 http://en.wikipedia.org/wiki/Commercial surrogacy in India 4 Law Commission of India 228th Report on Need for Legislation to Regulate Assisted reproductive Technology Clinics as well as Rights and Obligations of Parties to a Surrogacy (2009)

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