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 Aspects
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:
- A registered and reliable clinic
- A supportive healthcare system and
- An efficient lawyer
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 more money.
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.