Protection Of Surrogate Mother

Research Article
Pyali Chatterjee
Commercial Surrogacy, Trafficking, ART Bill, Egg donor, Infertility Clinics, Surrogate mother

Reproductive right is a basic human right granted by Article 16.1 of the Universal Declaration of Human Rights 1948, and in India it is granted under Article 21 of the Constitution of India. It was after the development of Assisted Reproductive techniques, the medically unfit couples could also exercise their reproductive right through this wonderful process. In addition, by the use of this process through commercial surrogacy not only the intended couples will be benefited but the poor women can also earn money by becoming surrogate mother for the indented couples or by becoming egg donor. But the death of egg donor Susma Pandey, and Yuma Sherpa of India has raised a question against the role of law regulating the Commercial Surrogacy in India. The Supreme Court of India, In Baby Manji Yamada versus Union of India & Anr. [2008] INSC 1656, make it clear that commercial is legal in India and asked the legislature to draft a bill for regulating this process. But still now we don’t have any strict law for regulating this wonderful process as the Assisted Reproductive Technologies Bill, 2010 is still pending and because of which it has been found in several occasion that how the Reproductive clinics use to violate the rights of the poor women as well as the guidelines given by ICMR for the process of Assisted reproductive technique causing death of the two egg donor. To regulate this wonderful process and to protect the rights and life of the surrogate mother as well of egg donor strict laws must be made and The Assisted Reproductive Technologies Bill, 2010 should be passed immediately