as understood based on conversation with some clinics. However, the health of the
surrogate children born pre-term will remain a question mark. It is, therefore, essential
that end-to-end care of all aspects of surrogacy services and in the process child rights
are ensured.
One of the other important rights of the child is to have mother’s milk for adequate
nutrition for his/her well-being. The surrogate child is not fed by the birth mother
directly. It is felt that a few months of breast feeding will establish an emotional
attachment of surrogate child with the surrogate mother and it will be difficult for
her to give up the child. In order to harmonise the conflicting interests inherent in the
process of surrogacy, the child is generally provided breast milk by way of Human
Milk Bank services.
In an article on ‘Surrogacy Biomarkets in India: Troubling Stories from before the
2021 Act’ by Mrs Sheela Suryanarayanan,22 it is written, inter alia, that:
‘The characteristics of the child (or children) such as sex, weight, and skin
colour determined the final payment to the surrogate mother. Twins fetched
a higher ‘price’. Children born through surrogacy were thus commodified
and treated like products …. Disabled children were treated like defective
products and left in orphanages.’
She further states that:
‘The Surrogacy(Regulation) Act, 2021, is quite detailed and well thought
out, but its implementation needs to be effective. Although there is a fear
that surrogacy will go underground and comparisons are being made with
the PC-PNDT Act, it is not that easy because surrogacy is a year-long
procedure.’
In this observation by Mrs. Suryanarayanan, there is a sense of optimism towards
the future of the safeguards of rights of children born from surrogacy and others
involved in the process, based on effective implementation of the extant laws. The
more the transparency in the system, more will be the surety of protection of rights of
surrogate children. A robust implementation machinery in the Government of India
with network in all States/Union Territories and necessary will power at all levels will
be essential for this and a lot still needs to be covered. However, given the progress
already made in a short span after the commencement of the Acts in setting up the
operational mechanism and in registration of surrogacy clinics, there is confidence
that all children born out of surrogacy in future will be accounted for and their rights
pursued/ensured.
A journal magazine on current issues, The India Forum, published an article in September 2022
on, ‘Surrogacy Biomarkets in India: Troubling Stories from before the 2021 Act’ by Mrs Sheela
Suryanarayanan, who is with the Centre for Women’s Studies, University of Hyderabad. Her research
focuses on reproductive health, surrogacy, sex selective abortion, and prenatal screening.
22
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