Renting womb is not as simple as it sounds.
There are a lot of legal formalities that need to be taken care of so as to
protect the rights of biological parents and the surrogate mother. What are the
factors that are to be considered before taken a womb on rent? Read on to know.
Renting wombs have emerged as a pretty easy proposition for
couples who are suffering from infertility problems. There are a lot of
successful infertility clinics strewn all across the developing countries,
especially like India. We are all aware that the money factor is the most
primary factor why people choose Indian women as surrogate mothers. Then there
is the cultural aspect as well. There is s belief that that Indian woman are
more careful and restrained when they are nurturing a baby within.
The Probable Problem
Renting a womb
involves a meshwork or social, legal and psychological aspects and they all
need to be equally taken care of. Each of the aspects needs to be defined in
order to prevent possible hassles after the birth of the child. At times when
the legal red-taping is not that stringent and the surrogacy laws are not well
defined and when the government is not really interfering in the hassle, it becomes
quite difficult to resolve the issues in an easy manner.
The preliminary problem arises with the choice of the woman
agreeing to rent her womb. Although there are a lot of women who will volunteer
to rent their womb on a commercial basis, but three factors are extremely
necessary to take note of:
registered and reliable clinic
Reliability is a very crucial factor as the woman who has
agreed to rent her womb to provide surrogate service in lieu of money might
think otherwise after the birth of
the child. In a traditional society women renting their wombs prefer to
keep this aspect of surrogacy as a secret. This is a major issue as there are
possibilities that people in the neighborhood might consider surrogacy as an
immoral act. Then some even consider renting wombs as a follow through of
immoral sexual relations. And the concept of virgin mothers is not really
prevalent in any society for that matter.
Since renting a womb is a deal in itself, it is always safe
to involve the services of an efficient lawyer who has prior experience in
dealing with surrogacy cases. This assures honesty in the deal. In certain
cases, the woman who is renting her womb might wish to stay anonymous. In such
a situation, the clinic needs to be accountable for the proceedings till the birth
of the child.
When a woman rents out her womb on the basis of pre-decided
agreement, it is often found that the surrogate mother ends up changing her
mind. During the surrogacy period, the expenses of the clinic and other
associated healthcare facilities are borne by the biological parents of the
child. A lot of investment on the part of the infertile
couple is associated with this deal. Then after the birth of the child, the
selling of the parental right to the infertile couple might not happen. The
surrogate mother might feel a strong emotional attachment with her newborn and
refuse to part with the baby and it has also been found that she might demand
Reasons and How to Overcome
The problem arises here as it is a convoluted system and
mutual contracts really do not help the infertile couple. So in order to
validate the contract, it should be testified by a government recognised adoption
agency. Then the surrogate mother is absolved of any right to hold back the
child and if she still does, she will be required to refund the investment made
on her. On the other hand the clinic is entitled to ensure that the birth
certificate of the child has the infertile couple named as the parents of the
child and adoption process takes place smoothly.