Surrogacy: Social, legal, ethical and psychological issues in Indian prospective

Jeremy Bentham regarded “law” as a tool for achieving the greatest good for the largest number of people 1. Aristotle stated that man is a social animal. A group of individuals is referred to as a society when they engage with one another to meet their needs. As surrogacy is a long-standing practice in India, laws are created to establish a civilized society. Typically, the term “surrogacy” refers to the act of one woman acting on behalf of another2. We live in a technological age now. As a result, modern science has created several reproductive methods. One way an infertile couple can fulfill their wish to have their own biological child is through surrogacy. In the process of becoming a surrogate, a woman is artificially inseminated with a man's sperm, or donated eggs/wife are fertilized with the husband's sperm through IVF technology, and the embryo is put into a surrogate uterus. The surrogate mother then gives birth to the surrogate child after a predetermined amount of time and gives the infant to the commissioning parents. On the other side, the word “surrogacy” describes a contract where a surrogate mother conceives a child “for” an intended couple. Since commercial surrogacybecame legal in 2002, foreigners favor India. Although all parties appear to benefit from this arrangement, there are several sensitive concerns that require careful consideration in the creation of regulations in order to safeguard the interests of those participating in the surrogacy process. For prospective couples who are unable to conceive owing to a variety of physical, genetic, or medical issues, the ART process is like a blessing. In landmark cases Baby Manji3 and Jan Balez4 case various issues were raised regarding parenting to surrogate mothers, children, and commissioning parents. India has become a hub of surrogacy practice. Thus, the surrogacy process identifies several socio-legal, ethical, and physiological issues.