The Existence Of law among Different countries. surrogacy is one of the latest treatments in the arena of the medical field. And has offered a plethora of opportunity, for those who have tried making effort to get the feeling of being happy parents. However, all of their efforts wasted into deep disappointment. But on the contrary, surrogacy has given a bright hope, to end in cumbersome infertility. But as we know there is always a negative side for every positive effect.
Therefore, ever since surrogacy comes into the practice of human life. Undoubtedly it has given the blessing to the intended couple but stating the caveat, the practitioner has to suffer mammoth exploitation in so-called patriarch world.
What is surrogacy: – is an apparently easy and more assisted reproduction process; that helps to give birth, by the cooperation with intended parents. It is a method by which ‘’a woman agrees to carry pregnancy ‘’ for desirable parents, who will further become the newborn child parents after birth. Moreover, ‘’after a certain amount of time ‘’when the intended parents are not able to produce a baby by medical treatment and perhaps pregnancy risk brings an unacceptable danger to the mother health.
The legal aspect of surrogacy in any particular jurisdiction tend to follow certain rules:-
- Is surrogacy done with a mutual understanding or coercively.
- Is surrogate mother is being paid or simply reimburse.
- Whether surrogacy is traditional or gestational
- Is there an alternative to posting birth adoption for the reorganization of the intended parents as the legal parents?
As in the jurisdiction, different country has its own surrogacy law:-
Let us give a glimpse of numerous countries and their law towards surrogacy
Australia, all jurisdictions except the northern territory allow altruistic surrogacy with commercial surrogacy is illegal. While Canada permits only altruistic surrogacy. The surrogate mother in Canada may be reimbursed or proved expense but payment of any other is illegal.
While on Quebec renders all surrogacy contract, there are no clear rules in Colombia as of today regarding surrogacy and loophole persist.
Finland: – All surrogacy arrangement has been illegal since 2007. The commercial surrogacy arrangement is illegal.
France: – since 1994 any surrogacy arrangement whether altruistic or commercial has been found illegal. And is not sanctioned by law.
Georgia: – surrogacy along with ovum and sperm donation, has been legal in Georgia since 1992
India:- while allowing altruistic surrogacy for an unmarried couple, the foreigner, single parents live in partner homosexual and in India a couple who have been legally married for a minimum of five years.
While analyzing the above scenario, surrogacy varies from country to country on the basis of their own law. however, Surrogacy is one of the most debatable issues, and need great attention to avoid any kind of exploitation to save the precious feeling of womanhood. Getting a child is indeed every parent’s dream, but it should not be on the cost of any woman exploitation.