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The new surrogacy bill aims at destruction of surrogacy for money-surrogacy trade. In doing so it raises many serious questions. In this article I want to ask those questions.

First of all, this bill mandates that surrogacy must be done among close relatives. this is very disturbing. Close relatives? How close?  One’s paternal or maternal uncle-aunty, sister, in-laws? Mother ?

They would be surrogate mother? If I want a surrogate child, whom should I propose? My paternal or maternal uncle-aunty, sister, in-laws, my own mother? Awesome idea!! I would fuck all these close relatives to get a baby. Is not it a spectacular, remarkable arrangement of incest? Is not this kind of surrogacy spoiling the sweet family relation that exists among my close relatives and me? Is not it a blood relation?  How different is this system from Muslim marriage that takes place among close relatives?  Is this bill making surrogacy distasteful ? What will those couple do who cannot have kids?

Now this surrogacy will open many doors of exploitation since couple who after getting disgusted of incest, will ask other women for surrogacy will always be at risk of getting blackmailed by surrogate mother? This way this bill will open avenue of new exploitation. Thanks to Sushma Swaraj .

Well what about kids? When they will know who their real mother is how would they react? How their friends and society will react when they will know ? this provision will make the kid’s life a hellish nightmare too. I would ask for a judicial review and ask the SC to struck down this provision as unconstitutional, inhuman and barbaric.

Secondly this bill mandates that couple will look for surrogacy after 5 years of marriage. Why? What will they do within these five years knowing that one of them cannot conceive? How bitter would be the relation among them ? How many fight, 498A, domestic violence case will take place among them ? does the iron lady Sushma Swaraj make an estimate about that ?

I think this provision will make the life of couples a perfect nightmare.  Don’t you reader?

Thirdly, the surrogate mother will have only one kid. From whom? One customer or another customer?

Let me put it this way. Suppose x has asked y to be a surrogate mother. Y gives x a baby. Now the question is, will y not give another baby to x? But if z asks y to give him a baby and y gives z one, will not y have more than one baby as surrogate mother? So the two questions are:

1] will surrogate mother not serve same customer twice ?

2] will surrogate mother serve two customer once ?

In both cases she will have two babies and thus violating the law.

Fourthly, no surrogacy for money.  What money? Money for delivery or money for conception?

These are two distinct things: conception and delivery. Since once you conceive you can abort, conception and delivery are not two parts of same surrogacy business. So for which task money should be paid? Please iron lady, make it clear.

I hope that I make myself quite clear in asking these questions. The answers to these questions are very necessary for correct interpretation and enforcement of law.

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Category Family Law, Other Articles by - Member (Account Deleted)