The Morality of Surrogacy with Legal and Social Implications of Commercial Ban

Vallabha Gulati
Advocate at India

Volume II – Issue II, 2020

The labor of bearing a child is more intimately bound up with a women’s identity than other types of labor. The work of pregnancy is long term, complex and involves an emotional and physical bonding between mother and fetus.

Indian society is considered to be economically feeble, but ethically and traditionally it is very potent. It is a society which boasts of its ideologies and its anxiety for the welfare of all. In considering the interrelated ethical, legal and social aspects of surrogacy we acknowledge that society has long accepted the delegation of various parenteral functions and explore the role of a surrogate in relationship to this as well as alluding to commoner comparisons with prostitution and adultery. In particular, the “birth mother” rule, the public antipathy to “commercial” surrogacy and restrictive legislation are explored and found to be inappropriate. It is concluded that the regulation, surveillance and assessment needed to ensure the best outcome for all concerned would perhaps be easiest achieved in programs that are formally licensed under permissive legislation and adequately funded by “commercial” means.

For many people, having a child is the ultimate dream. Sharing their love and raising a family can truly make their lifetime picture complete. Unfortunately, though, for some, the inability to have children can be extremely heartbreaking and devastating to their future plans.

In 228th law commission’s report it stated that the moral issue associated with surrogacy are pretty obvious, yet of an eye-opening nature. This includes the criticism that surrogacy leads to commoditization of the child, breaks the bond between the mother and the child, interferes with nature and leads to exploitation of poor women in underdeveloped countries who sells their body for money. Sometimes, psychological consideration may come in the way of a successful surrogacy arrangements.


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