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Controversial essay on Surrogate Mothers – Ethical or Non-Ethical.Surrogacy and IVF are arrangements through which an infertile couple can acquire a child by involving another woman to carry the pregnancy to the term and hand over the child to the childless couple after delivery.When we pay one of the highest taxes regarding personal taxation, when even retired old men, widows and senior citizens see their only earnings, interest on their deposits with Banks and Government Deposits, slashed below comprehensible levels, why cannot the state ensure medical treatment for such economically weak patients? 700 per month, hardly enough for one square meal a day.
What does our Constitution guarantee in such cases?The fact that surrogate motherhood was as old as the Mahabharata and Bible, when surrogate mothers got impregnated through sexual intercourse, is being overlooked.The problem of infertility is a serious one in our society and the social stigma involved include abandoning wives.Before the contraceptive pill, abortion and single mothers were accepted; unwanted pregnancies solved the childlessness for many infertile couples.There are two different types or surrogacy, the first, straight surrogacy, is where a surrogate mother has a child for a couple, where the husband of the couple is the genetic father of the child and the surrogate the genetic mother.While we are discussing the legal implications of surrogacy, it needs to be investigated as to why an invalid husband has to see his wife publicly announcing her ‘womb for rent’.All this because she needs the money to pay for medical treatment of her husband.However in the 1980s surrogacy became one of the most controversial forms of baby making.Technically it is very simple, but far more complicated legally and ethically (Downie, 1988).Experts have clearly opined “As in other situations these health services are capitalizing on cultural demands and on people’s poverty.”There have been several cases of disputes and legal battles, highly publicized by the media, between a widow, who wanted a child from her husband’s frozen sperm, and her step children, surrogate mothers and couples who had a mutual agreement before pregnancy to deliver the child to the couple without any if’s and but’s.What has the law to say if the surrogate mother refuses to part with the child, ‘her’ child, carried in her womb, nurtures during pregnancy and delivered naturally with all the effort and pain involved. If the women has used her resources, in this case her womb and body, to earn money for an honorable cause like Nirmala, what has the law to say about this?