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You are here : home > Infertility Treatments and Solutions > Surrogate Mothers and Womb Renting > Renting a Womb and Legal Issues

Renting a Womb and Legal Issues

Renting a womb or surrogacy has gained much prominence in recent years. It is a delicate situation as a surrogate mother nurtures the child in her womb for the entire term of pregnancy. Legal issues can arise, if not properly addressed. Read on to know about the legal issues of renting a womb.


Renting a womb is alternately known as
surrogacy. The word “surrogate” originates from “Surrogatus”, which means a substitute, that is, an individual is appointed to act in the place of another. Surrogacy can be defined as a practice where the woman voluntarily becomes pregnant, and bears a child for a childless couple or woman. She transfers the child to the other woman shortly after its birth.

In lieu of this service, the woman receives compensation for bearing and delivering the baby including all the medical and hospital expenditures. This arrangement where the practice of surrogacy involves compensation is known as commercial surrogacy and there is another arrangement which is known as Altruistic surrogacy. It can be either:


Traditional
– Here the surrogate mother is inseminated artificially with the sperm of the man who intends to be the father.


Gestational
– Here an embryo is developed in a Petri dish and implanted into the womb of the surrogate mother who completes the entire term of the pregnancy.


Donor
– In this type of surrogacy, the surrogate mother is inseminated artificially with the sperm not of the intended father but of a sperm donor. Thereby, there is no genetic relationship between the baby and the couple who intends to be the parents.

In each of these above-mentioned surrogacy practices, it is vital that the entire procedure is legal bound. While renting the womb of the woman who is the surrogate mother, a proper legal document is created which clearly states the terms and conditions of the procedure. Both the parties are entitled and legally bound to fulfil a set of duties during the entire procedure and the term of surrogacy.


Renting a Womb Is Legalised In India and In Several Other Countries.

It is an option for couples suffering from infertility, where the woman or the man is unable to go through a normal pregnancy. Renting a womb thus comes as a great help for childless couples. But at the same time, both the surrogate and the woman who wants to become a mother can be exploited either monetarily or emotionally. Therefore, it is in the interest of both the parties that the entire procedure of renting womb takes place under a legal agreement, so that any unforeseen situations can be dealt with in peace. Especially, in cases where couples or women from abroad are taking wombs on rent from Indian surrogates.

The Indian judiciary recognises the reproductive right as a basic human right. Article 16.1 of the Universal Declaration of Human Rights 1948 states, “Men and women of full age without limitation due to race, nationality or religion have the right to marry and found a family.”


The Legal Issues of Renting a Womb In Brief

  • A surrogate mother cannot undertake or asked to undertake embryo transfer from the same woman or parents more than three times, even if the pregnancy fails.
  • If the surrogate mother is a married woman, the consent of her husband is necessary.
  • When the surrogate mother is an Indian citizen, she cannot be taken abroad to fulfil the tenure of her surrogate pregnancy.
  • The identity of the sperm donor must be kept strictly confidential.
  • The surrogate mother cannot engage in any activity that is potentially dangerous to the foetus during the entire term of the pregnancy or affect the health of the baby after birth.
  • If the baby is born with any congenital defects, the commissioning parents are legally obliged to take the custody of the baby.
 In each of these above-mentioned surrogacy practices, it is vital that the entire procedure is legal bound. While renting the womb of the woman who is the surrogate mother, a proper legal document is created which clearly states the terms and conditions of the procedure. Both the parties are entitled and legally bound to fulfil a set of duties during the entire procedure and the term of surrogacy. 

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6 Comments
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Gayathri.4 years ago
surrogacy is a boon for women with fertility problems. Different types of surrogacy was worth reading. Its great that infertile women have an option for having a baby.
 
 
 
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Shreya.4 years ago
I have severe infertility issues. Doctor says that I cannot have child normally. I am thinking of having a surrogate mother. What do I have to do?
 
 
 
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Sambhavana.4 years ago
This has become a booming industry and has given smiles to many couples. More awareness has been created due to Aamir Khan whose son is a result of surrogacy
 
 
 
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