Surrogacy Act: Why is commercial surrogacy banned? | Ep13 Laws of the Land

The Surrogacy (Regulation) Act 2021: What does this law say, who can opt for surrogacy, and why does it ban commercial surrogacy?
In the thirteenth episode of ThePrint's #Lawsoftheland, Supreme Court Advocate-on-Record Mohini Priya answers all these questions and more, with Bhadra Sinha and Apoorva Mandhani.
---------------------------------------------------------------------------------------------
Exclusive content, special privileges & more - Subscribe to ThePrint for Member benefits: theprint.in/subscribe/
---------------------------------------------------------------------------------------------
Connect with ThePrint
» Subscribe to ThePrint: theprint.in/subscribe/
» Subscribe to our KZbin Channel: bit.ly/3nCMpht
» Like us on Facebook: / theprintindia
» Tweet us on Twitter: / theprintindia
» Follow us on Instagram: / theprintindia
» Find us on LinkedIn : / theprint
» Subscribe to ThePrint on Telegram: t.me/ThePrintIndia
» Find us on Spotify: spoti.fi/2NMVlnB
» Find us on Apple Podcasts: apple.co/3pEOta8

[@shashwatshukla1415]

Excellent session Please make a video on adoption laws in India

[@ankamganesh3755]

The print never disappoint us. The beauty of discussion is all are women. Discussion in mainstream media about women issues are largely dominated by men this print averted. Thanks!!

[@subramanyasaib5571]

Irony is not lost with all such issues being applicable to the low income families that through couples in india and from the foreign people also involving themselves and seldom the other way round!! whatever measures such as ban of commercial outlook to such things, there needs to be measures or regulations being put in place for situations which could circumvent the existing practices and loopholes are not exploited to detrimental effects!! need to see if this commercial aspect being removed would cause any impact or lead to black marketing and other things!!

[@Gannu_Maharaj]

Can a single guy like me have surrogate children in India legally?? Don't want to get married ever, but we need children for our futures sake u know...Is surrogacy the only option left for single guys like us who wants to be a biological parent or there are other legal ways as well? Advice pls

[@aditya-ml6km]

Just like sperm banks. There are egg banks. Your sperm can fertilize a donor egg and the fertilized egg can be planted inside a surrogate mother. But, is this option available to single men in India? This is a big question. Laws in India are not in favour of men. There are restrictions on adoption as well. You may have to visit a clinic for more answers.

[@raracolt2346]

Adoption far more easier than surrogacy we should strive for more easier adoption law cause there are too many people already and less resources. Water table has decreased by 35 %

[@user-it5po2dq9w]

​@@raracolt2346no. Kids for adoption are ugly and don't give feeling of procreation. No one should satisfy their genetically hardwired desired to reproduce for sake of social constructs like economy and resource distribution.

[@rashmipoojari3905]

Bt single men cant take baby girl bt you can choice baby boy.

[@Ankit._Gupta]

Recently the SC said that it is a myth that court cannot make laws can you make a video on that explaining that. Thanks!

[@aditya-ml6km]

SC judgements are essentially laws.

[@Ankit._Gupta]

@@aditya-ml6km SC judgements are not the actual laws that the legislature makes. It is basically an interpretation of laws i.e. how the laws are going to be applied in different cases. The SC has gone only far enough to make amendments to laws that challenge the constitution or several other logical challenges. But they never actually made proper new laws.

[@aditya-ml6km]

@@Ankit._Gupta Are you seriously debating on this? Read article 141. All Supreme Court judgments are binding and declared as laws. There are over hundreds of cases when Supreme Court judgments were declared as laws. Do you follow current affairs? The Supreme Court is only bound by itself.

[@Ankit._Gupta]

The debate in the LGBT marriage is also this that whether the SC should interpret the constitution's fundamental right to equality and declare the current special marriage law as incapable to include LGBTQ people and the give a judgement that amendments be made to the law but that is not making a completely new law. Similarly opposing views are asking that the Parliament should create a new law or make amendments through its discussion. So that is why I asked that SC as only gone to the amendment areas and not to the area of make *actual* which are formed without the passing from Lok Sabha and Rajya Sabha. And another similar example is the amendment of section 377 where homosexual relations were decriminazed between consenting adults.

[@grapeshott]

​@@Ankit._Gupta"laws" according to Article 13 includes Supreme Court Orders. Read the Constitution

[@sujathak7615]

Commercial surrogacy should be legal in India which helps both surrogate mother and intended parents

[@valeriexoxo]

I thought healthcare was nationalized in India? Do you need insurance for medical care related to pregnancy?

[@hemsagar]

That's the level of belief our own govt has on its own health care system.

[@DoctorJaneDoe]

If you seek care in government hospitals, no you don’t require but if there is any complications and if higher care is required then there is “ayshuman baharat scheme” and certain state also provide coverage up to a certain limit. If you seek care in private hospitals then either insurance or pay out of pocket.

[@valeriexoxo]

@@DoctorJaneDoe Oh man, that’s unfortunate…yet still better than ours in the US. Thanks for explaining

[@cleonii]

Donor eggs, donor sperm and a surrogate. Adoption feels easier.

[@aditya-ml6km]

As long as you are a single woman or a couple.

[@user-kr2wj3pi1q]

Too much government interference in family matter is a problem.. And so is wokeness and unnatural methods interference in family matters is a problem.... अरे जब same sex coples Cannot have baby naturally and when single lady cannot have baby naturally so why are we catering to their whims and fancies..

[@shamparoy55]

True Indian government poking their nose every where

[@yashtiwari4885]

Fhir bhe sabkuch ho raha hai aram se

[@minni1357]

Every other country is trying to encourage population growth and India is trying to keep working, educated singles from having children! So much stupidity! Let the poor women have a good source of income and working women not have to give their careers up! Surrogacy laws should be simplified and made easier to make use of. Especially for Indians themselves. Adoption will never be the primary choice because people want their own children. And even Adoption in India is about impossible to work with.

[@shamparoy55]

True I have registered in cara it's has been more than two years waiting for a child referral

[@minni1357]

@@shamparoy55 *hugs* I hope things look up soon.

[@GaneshSharmahello]

I need surrogate as my wife is a cancer patient. If any body have then let me know I m ready to pay good amount. Location Delhi NCR

[@KusumJeet18]

location ?

[@GaneshSharmahello]

@@KusumJeet18 Delhi NCR

[@GaneshSharmahello]

Your location

[@Ankit._Gupta]

With the atruistic definition government has just made it nearly mandatory for surrogate couples to have the Phoebe-Frank-Alice situation in FRIENDS hahaha

[@jumdas1049]

7:47 Not going to happen. Even homemade chappatis are not served with altruistic mindset. 12:15 Na na hobey na. Any child born from a woman IS her own child. Whether her or imported eggs were used does not matter. Whoever improvised such a system better acknowledge that, you will be "adopting" her child and you better pay for her lifetime as a husband would do. That is, if you can digest this truth.

[@hemsagar]

The owner of the egg decides what happens to their egg. She can choose to have her own babies, or she can choose to donate them. Once donated to another person for any ART purposes, she waives her rights to what happens to it. For her donation, she can choose to Of course, what will be done to her egg should be clearly expressed to her before the donation, and after the donation, the receiver cannot use the egg for any other purpose other than clearly mentioned prior. Obviously a surrogate mother cannot also be the donor of the egg, because in that case she becomes the mother of the child. And that is a whole other issue. If the woman is only renting her womb, and a different couple have donated the egg and the sperm, then the woman renting her womb has no right to the child in any meaningful way. Every cell in the body of the child is from the sperm and the egg. The renting woman is only a caretaker of the foetus, not it's mother Imagine if a child was sent to a hostel from LKG to PG in the same campus and his hostel warden suddenly claims she fed him, taught him, did his laundry, so she deserves to get his salary once the person starts earning money, because she is the actual mother. It's not correct and that's the same thing happening with women who rent their wombs. This may sound harsh, but it's the truth.

[@jumdas1049]

@@hemsagar . One cannot even donate one's own spit.

[@aditya-ml6km]

A surrogate mother has rights over the child. The child will not be biologically related to the surrogate mother. A surrogate mother only rents her womb.