Right to motherhood in case of surrogacy

I dont think sarrogacy is nothing more than a contract. So, the motherhood period depends on the terms of the contract.

1. Is surrogate mother is allowed legally in India? 2. What are constitutional provisions? 3. In case, at any movement during pregnancy, surrogate mothers feelings turned her heart and she is not ready to apart the child from her, can she come out of contract? If NOT, isn't it against human nature in view of the mother & child relation?

 

A relationship in which one woman bears and gives birth to a child for a person or a couple who then adopts or takes legal custody of the child; also called mothering by proxy.

In surrogate motherhood, one woman acts as a surrogate, or replacement, mother for another woman, sometimes called the intended mother, who either cannot produce fertile eggs or cannot carry a pregnancy through to birth, or term.

Surrogate mothering can be accomplished in a number of ways. Most often, the husband's sperm is implanted in the surrogate by a procedure called Artificial Insemination. In this case, the surrogate mother is both the genetic mother and the birth, or gestational mother, of the child. This method of surrogacy is sometimes called traditional surrogacy.

Less often, when the intended mother can produce fertile eggs but cannot carry a child to birth, the intended mother's egg is removed, combined with the husband's or another man's sperm in a process called in vitro fertilization (first performed in the late 1970s), and implanted in the surrogate mother. This method is called gestational surrogacy.

Surrogacy arrangements are categorized as either commercial or altruistic. In commercial surrogacy, the surrogate is paid a fee plus any expenses incurred in her pregnancy. In altruistic surrogacy, the surrogate is paid only for expenses incurred or is not paid at all.

The first recognized surrogate mother arrangement was made in 1976. Between 1976 and 1988, roughly 600 children were born in the United States to surrogate mothers. Since the late 1980s, surrogacy has been more common: between 1987 and 1992, an estimated 5,000 surrogate births occurred in the United States.

Indian law does not mention sarrogacy at all, let alone commercial sarrogacy. In fact laws pertaining to maternity go no  further than banning baby food advertisements and granting maternity leave. 

 

It is presumably considered legitimate because no Inidan law prohibits sarrogacy.But then, as a retort, no law permits sarrogacy either.

Adv.Sujatha is right while saying ther is no proer law goerning surrogate mothers. But the practice of surrogacy is not a taboo from even ancietn medivial and present contemporary periods,all over the world. There are many cases recored even in ancient vedic and traverlors guide.  It is a moral ,cultural,ethical,bassed one.

Coming to yor question thogh there is no law on this subject guaranteeing surrogae mothres right,(being limited only to contactual obligations), the supreme courts judgements in ceratin complex cses have served as judical legislaton.  For example in the case of  Gujarthi surrogate mother who had to give birth to Mnj the supreme court held tht the kid canbe given travel certificate to the paternal grand mother of the parents.

At present there is no codified law on surogate mother hood.  As law is evolved as a conseuqence of social need may be we legiolae this in future. But it is not correft to say a mother may be surrogate who keeps the bay for 9 months could be  just  treated a log of emotinless wood.

A recent Tamil serial  named "Athi Pookal" "brod casting between 2.00 to 1.20 Pmin sun TV  has taken up the issue as its nucleus object.

A.R.Sathyan

SURROGATE MOTHER – WOMAN WHO BEARS A CHILD ON BEHALF OF ANOTHER WOMAN, USE BY ARTIFICIAL INSERMINATION OF HER OWN EGG BY THE OTHER WOMAN’S PARTNER. (DIC. MEANING).

WE KNOW THAT FOR THE BIRTH OF A CHILD, TWO BASIC MATERIALS REQUIRED, ONE IS A SINGLE SPERM CELL ANOTHER IS AN EGG.

IN GENERAL THESE TWO MET IN THE WOMB OF THE COCERNED MOTHER AND STARTED FORMING DIVISION OF CELLS AND CREATED NEW LIFE.

IN CASE OF SUROGACY, A WOMAN’S EGG TAKEN OUT FROM HER BODY AND SPERM CELL MET OUTSIDE THE WOMB, LIKE TEST TUBE ETC BY HIGH MEDICAL TECHNOLOGY, AND PLACED IT FURTHER IN ANOTHER WOMAN’S WOMB, THERE - THE SECOND WOMAN CALLED SUROGATE MOTHER.

THERE ARE THREE PERSONS (PARTY) INVOLVED IN THIS PERENTHOOD INSTEAD OF NORMAL AND NATURAL WAY, IE – TWO,

THE MALE – WHO DONATE SPERM (FIRST PARTY).

THE FEMALE – WHO DONATE EGG (SECOND PARTY).

THE SECOND FEMALE – WHO CARRIES THE NEW BORN BABY IN HER WOMB (THIRD PARTY).

MODERN SCIENCE AND THE LAW RECOGONISE THE PARENTHOOD OF FIRST AND SECOND PARTY BUT NOT THE THIRD PARTY. SHE RECOGONISED AS A LABOUR IN THE MATTER WHO WORKS FOR ANOTHER PERSON FOR THE WAGES OR NON WAGES.

SEVERAL CASES REPORTED IN NEWS PAPER FROM WHOLE OF THE WORLD. IN INDIA, AT LEAST THERE ARE TWO CASES REPORTED, ONE FROM PUNJAB – HARIYANA SIDE, AND ANOTHER FROM JAPAN, WHERE JAPANESE COUPLE HIGHER A SUROGATE MOTHER FROM INDIA. THESE TWO MATTERS GO THROUGH THE COURT. HAVE HEARD THAT A LAW WILL PASS IN INDIA ON THE MATTER, BUT DO NOT KNOW WHAT HAPPENED LATTER ON.

 

FOR THE ABOVE REASONS THERE IS NO RIGHT OF MOTHERHOOD, -  TO THE SUROGATE MOTHER.

 

Typing mistake correction;

 

Child is a body part...

arup ji , there is a correction egg can be even from wife or any other lady, its not necessarily from surrogate mother. if a lady has damaged uterus or compromised cardiovascular status or any other major systemic disease she can get an embryo ( her and her hubbys) implanted in the uterus (womb) of surrogate mother. ram samudre ji please dont pull everything to liberty and all , there is a law called contract law.

as regarding emotions if a baby is of a couple and a surrogate mother refuses to part with it isn't the couple hurt. this is not even surrogate mothers' body part , it is a creation of the couple(husband and wife).

also there is no ande ka funda.

are our foolish politicians qualified enuf to understand wat isurrogacy? wat  is a gestational surrogate mother. these fools are just fighting over how to sell the nation, now they are fighting over  formation of  a  JPC so that OPPOSITION CAN TAKE advantage of corruption by ruling coalation members.

Avnish ji, please enlighten me with that contract law.

In essence surrogacy is acceptance by the surrogate mother, either for reward or otherwise, to bear in her womb the fertilised egg of the real parents or to lend her egg for fertilisation by the sperm of another man and bear it in her womb for futher gestation and deliver the bay when born to the real parents or the father. As such she cannot claim permenant right of mother hood or the right to retain the baby as her own and deprive the others i.e., the real parents and the father of their rights over the baby.

Please post the text of related law or any link to that.

Law does not either prohibit or allow the surrogatory mother hood. It is silence on that. But mother hood is borned mostly out of the nine months pregnancy during which an emotional bond develops and it remans permanent.  It is true thata unable to conceive due to uteras problem or some other associated problems make it necessary to hire a woman to become preganant and grow the child in her woomb. 

This is the womb relation for 9 months has to be recognised But just like adoption the element of screcy is necessiated when complicatlion arises later on.

Some time it is better to leave the things for naturall adjustment . You can not pass law for every twig that develop in the branch of tree

Some issues are better left to be decided by the social enginering and not by law

surrogatory mother hood in one such thing.