Surrogacy is a form of assisted reproductive technology in which a woman, referred to as the surrogate mother, carries a pregnancy to term for another person or couple. The practice of surrogacy has become increasingly popular in recent years, as more and more individuals and couples seek alternative means of starting a family.

However, the surrogacy industry in India has been subject to numerous controversies, including allegations of exploitation of surrogate mothers. In this research paper, we will examine the surrogacy industry in India, including its history, current legal framework, implications for surrogate mothers and commissioning parents, and potential solutions to address the challenges facing the industry.

Background:
India has emerged as a major destination for surrogacy, attracting couples from all over the world. Surrogacy was first legalized in India in 2002, and since then, the industry has grown rapidly. India has become a popular destination for surrogacy due to its relatively low costs, which can be up to ten times cheaper than surrogacy in the United States or Europe. In addition, many surrogate mothers in India come from poor backgrounds and are lured by the promise of large sums of money, making India an attractive destination for those seeking surrogacy services.

Current Legal Framework:
In 2015, the Indian government introduced the Surrogacy (Regulation) Bill, which aims to regulate the surrogacy industry in India. The Bill prohibits commercial surrogacy, allowing only altruistic surrogacy. Altruistic surrogacy involves a woman carrying a pregnancy to term for a family member or a close friend, without receiving any monetary compensation. The Bill also restricts surrogacy to only Indian couples who have been married for at least five years and have no surviving children.

Implications for Surrogate Mothers:

Surrogate mothers in India are often from poor backgrounds and are lured by the promise of large sums of money. However, they often face exploitation, as they have little bargaining power and are subject to harsh working conditions. Many surrogate mothers are housed in dormitories, where they are monitored and have limited access to their families. They are also subjected to invasive medical procedures, which can have long-term health implications.

In addition, the Surrogacy (Regulation) Bill has been criticized for being too restrictive, as it prohibits commercial surrogacy, which may limit the opportunities for surrogate mothers to earn a living.

Implications for Commissioning Parents:

The surrogacy industry in India has been popular among foreign couples who cannot afford surrogacy in their home countries. However, the lack of regulation has led to instances of fraud, where commissioning parents have been cheated by surrogacy agencies. In addition, commissioning parents may face legal challenges when trying to obtain citizenship for their child born through surrogacy in India.

Potential Solutions:
To address the challenges facing the surrogacy industry in India, there have been calls for increased regulation and oversight. The Surrogacy (Regulation) Bill, while restrictive, is a step towards regulating the industry and protecting the rights of surrogate mothers. However, there is a need for greater enforcement of existing laws and regulations to prevent exploitation and fraud.

In addition, there have been calls for greater transparency and ethical practices in the surrogacy industry. Surrogacy agencies should be required to provide detailed information on the process of surrogacy and the rights and responsibilities of surrogate mothers and commissioning parents. They should also be required to provide adequate medical care and support to surrogate mothers throughout the pregnancy and after delivery.

Conclusion:
Surrogacy in India has been subject to controversies, including allegations of exploitation of surrogate mothers and lack of regulation. The Surrogacy (Regulation) Bill aims to regulate the surrogacy industry in India, but it has been criticized for being too restrictive.

The implications of the surrogacy industry in India for surrogate mothers and commissioning parents are complex and require careful consideration. It is important to ensure that the rights and welfare of surrogate mothers are protected and that commissioning parents are not subject to fraud or legal challenges.