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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: 

                      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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