COMMERCIALISATION RELATING TO THE WOMB FOR RENT IN INDIA: A CASE STUDY OF GUJARAT
Author(s):
Dr. Pooja Kapoor, Deepali Rani Sahoo
Keywords:
Motherhood, Gestational Surrogacy, Golden Triangle of Fundamental Right, Artificial Reproduction, Act of 2021
Abstract
Motherhood and having a child is a boon for every women and parenthood a blessing for people is unfortunately not bestowed on every -one. It can be any mode by natural process, adopting or in the process of surrogacy. The development in the field of medical science, things have changed and the popular methods of artificial reproduction “SURROGACY”. The position of surrogacy at Indian and world level and the study talks about laws relating to surrogacy in India. Concerns were expressed that surrogate mothers were being forced to sell their motherhood, which was being exploited by a small group of medical professionals. The government's change to a prohibition in 2015 was reportedly to stop surrogate moms being exploited. As a result, media reports highlighted a number of surrogate moms who objected to the government's shift in policy, implying a conflict of interest between the government and the surrogates. The government's shift in position on surrogacy was ostensibly intended to end exploitation, but we can't begin to comprehend what exploitation includes unless we first have a good understanding of who is being exploited and where this exploitation originates from. The major goal of this study is to establish knowledge of the surrogate construct and, in turn, to comprehend how interwoven legal, sociological, medical, and economic frameworks define the possibilities of exploitation and their regulation. In nations like India, surrogacy has also turned into a lucrative industry, raising several issues that have sparked political controversy. Legal experts have looked into the contractual and jurisdictional difficulties while feminists have debated the alienability of women's bodies. The surrogacy industry is sizable and expanding. There are many of prospective parents who have the means and the desire to pay a different mother to give birth to their children. In this regard, one of the important components of this paper's attempt to comprehend the surrogate's construct in Gujarat State is the topic of the surrogate's vulnerability to possible exploitation. Before we examine how this applies more particularly to the topic of surrogacy, we must first grasp the relationship between the law, vulnerability, and
Article Details
Unique Paper ID: 156061

Publication Volume & Issue: Volume 9, Issue 2

Page(s): 766 - 778
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