Surrogacy bill regressive, preachy

Instead of putting in place a comprehensive law that would have prevented unethical practices and the exploitation of surrogate mothers, as well as clarified the rights and responsibilities of those opting for the surrogacy route to parenthood, the government is enacting a legislation that is impractical, discriminatory, moralistic and out of touch with the times. The Surrogacy (Regulation) Bill, 2016, allows only ‘altruistic surrogacy’ for childless couples who have been married for at least five years. Besides, the surrogate mother has to be a “close relative” of the couple, married and have borne a child of her own. The bill bans commercial surrogacy. Importantly, it disallows married couples with children, unmarried couples, single parents, homosexuals and foreigners from availing surrogacy. A surrogacy law was long overdue, the demand for surrogacy having grown rapidly over the past decade, throwing up several tricky issues that cried for regulation and clarity. Legislation on the matter is, therefore, welcome. However, its contents are disappointing, even worrying. Minister for External Affairs Sushma Swaraj’s statement that the surrogacy bill is in keeping with India’s “ethos” and values suggests that the Modi government seems to be pushing an ideological point and agenda via the surrogacy legislation. It is unfortunate that it is using this legislation to preach on what it deems is morally correct and endowing this alone with legality; hence the denial of the surrogacy option to single parents and homosexuals. What constitutes a family has undergone dramatic changes in recent decades, a social reality that the Modi government is clearly out of touch with. Denial of parenthood to singles or unmarried couples is grossly unfair.

Advances in science now enable more women and men to become parents. But the government is denying millions who would like to avail the surrogacy opportunity that has opened up. Why is the state meddling in the reproductive rights of individuals? It is not for the state to decide how a woman wants to use her womb, which route to parenthood people want to take or how many children they want to have via surrogacy. This should not be the business of the state. The proposed surrogacy law allows only a close relative to be a surrogate mother. But most Indian women are uncomfortable discussing fertility and reproduction related issues with the larger family.

The surrogacy business needed regulation. It required clear guidelines on the way surrogacies are commissioned and executed. Instead of using the legislation to put these in place, the government has banned commercial surrogacy, throwing out in the process the baby with the bathwater. Banning will force the trade underground. The surrogacy bill requires a rethink and major revisions.