Apr 19, 2006 - ARTICLE i 5. Surrogate Mother (womb on Rent): some Key Issues ... a womb rn,ay be taken on rent. ... life of marital partners completes only.
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Society and Development
Jounwl
S (2
ARTICLE i
& 3): 105 - 1l l, 2007
5
Surrogate Mother (womb on Rent): some Key Issues Shashi R. AErawal never Surrogacy does offer one method of achieving parenthood to a few couples who could (IVF)' eggs technique Fertility In Lltro of invention trave a uaLy oy any other means. with the intended the from with sperm mixed and donor egg or mother intended are extrac;d irom the Thus father or sperm donor invirro. The embryos are then transferred into surrogate's uterus. intended parqnts will enjoy the a womb rn,ay be taken on rent. No doubt, on the one hand the in case of feelings and emotions ofhaving their own genetic baby which cannot be enjoyed be denied. cannot technique of the possibility of misuse the But, on the other hand adopti-on. It rnay give rise to some illegal profession and relationship'
issues are The central point ofdiscussion focuses upon issues related to women. Three major why thirdly and promoting business 2d its the technique, of discussed, l;, legality or illegality this article" in raised also are issues key of the Some preferred? most are Indian women
objective ofthe marital partners' On the
Hindu Dharmashasfra, Hindu law books rvritten betrveen 500-1000 AD, it is said that those rvho fail to repay this
one hand it gives immense happiness and
debt end up in the hell known &s'purt'
completeness to the marital partners while on the other hand it contributes in
the birth of a child preferably male child,
the continuity of the society. Among Hindus it is believed that all men come to this world burdened bY a dePt the
Shatpath Brahmin(8) it has been said that when they give birth to offsprings. Men
pitrarund6) (Pitra = ancestors, runa = debt). The only $'a)'to repay this debt is to father a male offspring. In the
who could not fulfill their biological obligations because of biological problems were known as 'naPunsak',
Since the incePtion of the societY, reproduction has been the major
,(1)
liberates a man from his debt. In life of marital partners completes only
Banaras Hindu Dr. Shashi R. Agra*ai is Reader rn the Department of Sociology, Mahila Mahavidyalayq University, Varanasi. L P lndia
S
cr
:e
:.
a
nd Devel opment Journal 5 (2
& 3), 2007
105
and qromen are
still
termed
as
'Banjh"{9t (sterlie). Such men were debarred from sacred rituals and from inheritance. Thus ontv b-v producing children a mrn and a s-oman wene
:i.: :ll;n;e d mcther or egg donor : \:J .r ,::: Sp"rrn liOm the intended :":.-:: r l St3r'tF. i0ilJr in t'itro. The
^i:i-l'. :--.
- ::
.:f
t-\
-rs are titen transferred into the
Suircga:e's ulenls. Embrol's rvhich are
considered biologically fulfilled. Resolving the situation a man was
nrrt transferred rna;, be frozen and used
allowed to remar5fnand
transfer does not result in pregnancy.
a woman was
for Niyogdr'r (genetic strrogde by having sex with the brother in law) for the sake of getting a baby only or may overcome the situation by adoptinga baby.
for transfer at a later time if the first {a)
allowed
This crucial situation is now solved by the scientists by inventing the In Wtro
Fertility technique (IVF) near about 30 yrs. back. In this technique the sperm of the childless man or the donor, and the eggs of the biological motler are grew in the Test Tube and after some time the embryo is transferred in the womb ofgenetic mother. The babies so born are popularly known as' Test Tube
Thus the word'Surrogate' used for this article means substitute or replacement and a surrogate mother is one who lends her uterus to another couple so that they
can have a baby. Surrogacy does offer one method for achieving parenthood to a few couples who could never have a
baby by any other means.(5) Having a baby by gestational Surrogacy the child
will
get the biological qualities of its
genetic parents, and a least ofSurrogate
will enjoy the feelings and emotions of mother. Hence the intended parents
having their own biological baby which cannot be enjoyed in case ofadoption.
Baby;
In the u,est rvhere fewer and fewer babies are offered for adoption,
The another method of surrogacy is
surrosac\ is gaining populariry despite
known as gestational surrogacy, where the surrogate mother is not genetically
A 199:
related to the child. Eggs are extracted
contror ersiai legal and ethicalhassles.(')
esiimate calculated that as many as -1.000 babies have born to
Banjh: This word is used for the women who could not reprodu:e a the infertile women are abused as "banjh".
Society and Development Journal S (2
&
3 ).
.i.iid Still in the rural areas
jl:)rl:
,..
Surrogate Mother (\\bmb on Rent): Some Key Issues
surrogate mothers in the U.S. No.
of
cases ofsurrogacy are believed to have
doubled in the last three y ears based on
illegality of the technique 2nd its promoting business and thirdly why Indian women are most preferred.
newspapers.(t2) Growing no. of childless
track to India drawn
As regard the legality of the baby is
here for many of the same reasons that
concerned, in India the surrogate mother
have made India a top destination for
signs away her rights to the baby as soon
medical tourism, lou costs. highly qualified doctors and a more relaxed legal atmosphere(l). Thus surogacf in India are a bargain for foreigrrers. and
as she delivered it, whereas irr Britain
foreigners beating
a
the women reap the btrFlslZi.
:
nhencmenon e\ er\ encompasses/ t*'o aspe::s. c:re is positive, another is negailr e" If rre evaluate the IVF technique p.'siitrelr. this technique u ill gir e rnn:nse pleasure as well as narural satisltctiern of having own baby. But the p-'ss: r: ir1 of misuse of the technique ;e.r:s-i bie denied, it may give rise to some ;:,egal
Usually
the surrogate mother can claim the baby
she delivered as her own at any time
during the first two years of child's life.('2) Regarding the legality of the technique some sees the practice as a logical outgrowth of India's fast paced economic growth and liberalization of the last 15 years, a perf"ect meeting of demand and supply in a globalized market place(zl "It's win-win",It's a completely capiiistic enterprise, there is nothing un-ethical about it(to)while other
aren't so sure about the moral implications.
profession and relationship.
This difference of opinion raises some The central point of discussion t-ur -ses upon the issues related to women. be in l
".f
used as commodity. Even in the era cl
zt
globalization women are not bloom+c with socio-economic freedom. Thus it may give rise exploitation ofvulnerable section of women. The discussion is focused on exploitation of women on three major issues: Is Legality or Societ.v and Developmen:
the doubts
:
Why a woman will agree to become surrogate?
!
r
\\-hv she will provide her womb on rent ?
T'*
:n
ssible replies may be given
.ic:*-;. 5 I & 3), 2007
:
t0'7
Agrawal 1.
The woman may accept to
members (inlaws, husband,
become surrogate for her known family or closer friend,(r) but is it
brother, father)
possible in this male dominated society? Can she do some good
of income and thus be enjoyed bythe family members rather than the woman as it happens in most of the cases of working women. This might give rise exploitation the money
the husband and inlaws permit her
)
?
The another alternatir,e for this is to search a woman x ho may give
of
anew kind ofbusiness ofwomen. It was accepted by some of the women that forthe sake ofmoney
they accepted to
become
surrogate.(r) It is encouraging
if
a
woman willingly lends herwomb
on rent, it will give immense satisfaction that she has done some good for the chiidless c.-up.:. air-: f.-: .a-t- _r : : : :.3\
.A\ri__. -t):- :-.t,.-i-=::_l-a:_
_:i.
c-i ',i:'. j*; ..::;:.. j .-1-.', ^= '-. : i-'
!.::::::; - - l:-:-i;
S:a::. :::.:,=: 1,8
-
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women
in the form of
the unmarried girls are sold, purchased, and trafficked for sexual exploitation).
profession, and might give their
earn some money. This may start
will
reproductive industry (similarly as
her womb on rent, rvith this alternative it seems that some women may accept it as their womb on rent willingly or they may be forced to do so, so that the family members or agent may
become
a new source
for others by her own will? Will to become surrogate
to
surrogate(rz) so that they may have
The arother issue related to increasing business is, related with the role of the doctors. It is not a hidden fact that the ultra-sound technique is being misused by the doctors (female foerus killing). Similarly in case of surrogacy faque
report may be issued by the doctor proving incapabilin, of the women for child birth and hence uill motivate the couple to take the *omb on rent and
ma)' negcriate the needy women by offenng r:rrni:aum money. The situation rii.l be ncre complicated and adverse ,,i
iire :xrand
may take advantage or
:.:"" ::e:enrj to have a surrogate with '.n -: l: le might was having pre or extra
::---:1 "...:=
il
relationship, and may keep his dark that she is the genetic
:- :- :-.: _. : ::--:-: -'-^-,-. 5t2&3),2007
Surrogate lviorher (\\bmb on [tent): Some Key Issues
mother of the child and may start maltreating the wife (beatin,u. abusing, killing, divorce), orwhen rvife rl.ill come to know the reality of being cheated, rvill definitelyruin the relationship. and even
after having the biological parents the child is bound to go to orphanages, Reducing genetic defects (e.g. diseases
or physical beauty) one ma) take the doctor in confidence, and mav take the eggs/sperm of sclme one else rather than the legal husband/rvife. Thougl b1,DNA
test it may be confirmed but hou man1.
ofthem will go for DNA Test
? and thus
may start a new kinC of business. The third key issue is that Indian women are the first choice or most preferred. Why is it so ? In India the total cost of
this technique comes to 3-4 lakhs whereas in Arnerica it comes nearly 50 thousand dollar. This is the reason that
people from abroad come to India for heart and tooth plantation dso.(r) The another reason is that in abroad most of the women are working, so they don,t
or we are going to start reprocluctive industry in India where the women will be sold for surrogacy at a cheaper rate, or will be bargained by the foreigners.
The current figures are though to pin down, but the Indian council of Medical
Research estimates that helping residents and visitors beget children could bloorn nearly 6-billion a year industry while other says that rich women from the west paying Indian women for the use oftheir bodies which is distasteful.(2)According to C.p. puri "lYe are subjecting the life of that \voman who will be a surrogate to some amount of risk, so it should not fis q yrlclg."(tr) Similar other questions may be raised in case ofsurrogacy such as :
a) If the genetic
parents deny to adopt the child (for any reason
such as handicapped or sex ofthe baby etc), who will take the responsibility of bringing up the child? will surrogate mother take the responsibility? will she be allowed to do so? will she be as
want to be surrogate, whereas in India most ofthe women are housewives, and after completing their own farnily they
the baby
want to lrecome surrogate for getting remuneration.(3) But again the question
there are no laws or guidelines in
arises can we sustain this healthy view?
India as yet. Surrogacl,
normal as the genetic mother? or
will
be thrown on the road
or sent to the orphanages?
Society and Development Journal s (2
&3),2007
as
has
Agrawal
received quite a lot of bad press
e) Will the saying Kuputro Jayet
recently, especially when the
Kapitu Kumata na bhavati. be
contract goes sour and there is a
true in case of surrogate rnother?
dispute over the baby between the
or she may emotionally blackmail the child.
commissioning parents and the sJrrogate mother.(s) b)
0
Who will take care the health problems of the surrogate? It is
When the surrogate,s own children rvill come to know that their mother has given her womb on rent may increase disrespect
very risky in a land where 100,000
women die every year
as a
result
for their mother. Secondly this
of pregnancy and child birth.(2) On
may give rise to jealous feeling
the other hand who
will take the responsibilit-v to look after the
towards the surrogate,s child because the child will be brought tup in luxuries in comparison to
own children of the surrogate? c)
increases the resistance power
of
the child, and on the other hand the surrogate may develop some glands in the breast which is one
of the main reason of
breast
cancer. d)
them and thus they may involve in some anti-social activities.
It is also proved that mothers milk
It has been proved that there is a definite impact of the feelings, emotions, mental state of the mother on the baby in the u,omb.
u'ill the surrogate t-eelingl
har e a healrhr
It may be concluded that driven by many factors that have led rvestern business to outsource some oftheir operations
to India in recent years, an increasing no. of infertile couples from abroad are coming here in search of rvomen who
rvillingll. in effect to rent out their wombs.':, Bcth sides of the debate a_sree thar rhe fertility business in are
India ir:ludin_s,,reproductive
tout.i:n" b1 foreigners is potentially ir tr
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1r
-
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give birth a child who is not loyal
&3),ZA07
Surrogate Mother (Womb on Rent): Some Key Issues
Mother and Parenting. How to have
ofiVF rvith full honesty is iruitful for the childless couples but it is essential to The use ofadvanced technology
strengthen the laws related to surrogacy
in the light of questions abo';e raised. The courls need to have the wisdom of Solornon to assign the rights of "genetic" mother, the "birth" mother, and the s,:cial or rearing mother.(s)
a baby : overcoming infertiiity, www.google.com 4.
Man. X, 106: 48 etc. Man, ix, 138; Mdh6. ii, 107-12.
6.
Man, ix, 25; Esho- ii td lokay6tra nityam Sripum-Sayoh.Subaha. also,A.Sv. GS.i, 6, Ft;Baudh.
Literature Cited L Chopra.Anuia(April3,2A06)Childiess
7.
Couples [,ook to InCia for Surrogate
Man.
ii,g,16,10; Ap. ii, 9,?4;9
ix,8l.
Nanda, S.K (2006) Quoted by Chu, Henry (April 19, 2006) Womb for Rent, Cheap. Angeles Times.
Mothers, Christian Science I{onitor. World > Asia: South & Central ed. 2.
Aallq,27;cf.also
Rame
Chu, Henry (April 19, 2006) \\bmb for Rent, Cheap, Angeles Times.
Puri, C.P. (2005) Quoted by Chu, Henry. (April 19, 2006) Wornb for Rent, Cheap, Angeles Times.
India T.V. Show, (Sept. 6, 2006) Surrogate Mother, A Discussion. Jenn, Z. (2006)
8.
India's New Outsourcing BusinessWombs, Asia Times, South Asia,
Dehnition aud Types of
Surrogacy, rvw*'. goo gle. com.
Malpani Anirudha and Malpani Anjali (2006) Surrogacy: Surrogate
Ram Chandran, Sudha (June 16. 2006).
Banglore ed. 8.
Yaj,I,68-69; Gaut. xviii 4;Mah.ix, 5960; Apa.20, 20, 2-3; N6r, xii, 80-81.
Society and Development Journal5 (2
&3),2007
