The hope lies in the above-mentioned provision of ‘parental order’ and various other provisions of the new laws,which will act as a deterrent against the malpractices and lack of compassion towards the rights of children born through surrogacy or even IVF for that matter. The penalties and offences will further strengthen the implementation of these laws that have been so carefully legislated with the prime objective of protecting the rights of the children born through surrogacy, the surrogate mothers and the intending parent(s) from exploitation, ensuring quality services by the clinics and most importantly, the commissioning parents will be more sure of their child’s genealogy,children will have access to information about their origins whenever required and both will be confident about the ethical and transparent treatment by the clinics. As regards the data deficit, the question may arise that if no concrete data is available, what factors established the need to bring about the related laws. The answer to this is that the need has been felt through innumerable other sources like court cases, failed paternity establishments (DNA, etc.), custody disputes, citizenship denials in case of International Surrogacy Arrangements(ISAs), surrogates divulging when wronged, Members of Parliament from certain constituencies (that have been hubs of surrogacy) raising the issues in the House, issues raised by activists, and so on. The surge in surrogacy hubs in India during the last three decades could not contain the issues infesting the system and they came out of the closet. There have been reported incidents of unethical practices, abandonment of children born out of surrogacy and trading in human embryos and gametes as well. Also, there were reports of the deaths of surrogate mothers and egg donors, stranded disabled children and custody battles over children. Desperate surrogate mothers lodged complaints when they did not receive the promised amounts from the clinics, the agents or the intending parents. These matters have been regularly reflected in different print and electronic media for the last few years. In 2008, a Japanese couple began the process with a surrogate woman in Gujarat, but before the child was born, they split with both of them refusing to take the child.20 In 2012, an Australian couple commissioned surrogacy and decided to choose one of the twins born through the process.21 The fate of the other twin remained unknown. The rights of children born through surrogacy were further violated when they were born pre-term and underweight and needed intensive care because the surrogate mothers were unable to carry them to full term. The intensive care raised the hospital bills exponentially, which the intending couples found impossible to pay and, therefore, abandoned the child. Some of these cases got resolved, though, at police intervention Baby Manji Yamada v. Union of India[2008 13 SCC 518] An Australian couple case link:https://timesofindia.indiatimes.com/india/aussie-couple-abandonedsurrogate-baby-in-india/articleshow/44766805.cms 20 21 76 Journal of the National Human Rights Commission, Vol. 22, 2023

Выберите целевой абзац3