Volume 7 Issue 9 - 2018
Uterus on Rent: Exploitation of Surrogate Mother
Rajesh N Gacche*
Professor, Department of Biotechnology, Savitribai Phule Pune University, Pune, Maharashtra, India
*Corresponding Author: Rajesh N Gacche, Professor and Head, Department of Biotechnology, Savitribai Phule Pune University, Pune, Maharashtra, India.
Received: July 26, 2018; Published: August 07, 2018
Citation: Rajesh N Gacche. “Uterus on Rent: Exploitation of Surrogate Mother”. EC Gynaecology 7.9 (2018): 333-336.
Behind every great fortune there is a crime”.
                                                          Honoré de Balzac
Reproduction is a natural rule and not an exception. Science and technology continues to evolve novel medical procedures and treatments that always counteracts with the legal, social and ethical issues. We are yet to achieve success in developing a baby outside the womb of a mother. Undoubtedly, besides the opposing views of some governments and conflicts at socio-cultural and religious level, surrogacy and the in vitro fertilization (IVF: more famous as ‘Test Tube Baby’) technique have certainly proved to be a boon for infertile or otherwise medically unfit couples or even single individual for celebrating their parenthood. In general notion, the term surrogacy refers to the (legal) practice of hiring a fertile woman (surrogate) who gives consent for carrying pregnancy usually through donor insemination (may also involve natural sexual intercourse or IVF) and further agrees to deliver baby and transfer it to the newborn’s biological father and mother, respecting the terms and conditions of a contract agreement signed between the surrogate mother and the commissioning couple or individual before the woman becomes pregnant. In short Surrogacy is “a pre-fertilization contract or agreement to carry a child for biological parent or individual” [1]. In general, there are two basic kinds of surrogacy commonly distinguished as altruistic surrogacy wherein a surrogate mother who voluntarily agrees to carry a baby for infertile relatives without monitory benefits or remuneration; while in commercial surrogacy, there exists a contractual (legal) agreement between an infertile commissioning couple and an unrelated surrogate mother to carry the couple’s baby for a monitory benefits. With the advent of commercial surrogacy, the scope of altruistic surrogacy was quickly overshadowed by that of commercial surrogacy, whose expansion was facilitated by “advances in [medical] technology that allow for gestational surrogacy, and greater acceptance in public opinion” [2].
In the present state-of-the-art there exist countrywide variations in the legal guidelines and ethical frames governing the issues of surrogacy. For example in Russia, the surrogacy (including commercial) has been permitted by the Family code of the Russian Federation and the Russian Law on Population Healthcare. In the USA, for example, there are no legal federal guidelines or laws governing the process of surrogacy; however the surrogacy is enforced between private parties through contracts and agreements. In many other countries like China, France and Japan have completely prohibited all forms of surrogacy and also experienced several crisis over surrogacy issues in recent years [3,4]. Interestingly, in China over 2.7 million women are unable to conceive owing to ill uterine factors thereby there is a greater demand for surrogacy, however the contemporary laws deprives such infertile parents from parenthood [5]. In India, with enforcement of Surrogacy [Regulation] Bill 2016, there will be complete ban on commercial surrogacy (including the sale and purchase of human embryo and gametes)while the ethical guidelines permits surrogacy only for couples who cannot conceive a child and the bill proclaims the prohibition of exploitation of surrogate mother and child at risk [6].
Copyright: © 2018 Rajesh N Gacche. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.