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 Journal of the National Human Rights Commission, Vol. 22, 2023 77

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