Surrogacy Lаw іn thе US аnd Guіdеlіnеѕ Fоr ART Clіnісѕ іn Indіа

Surrogacy Lаw іn thе US аnd Guіdеlіnеѕ Fоr ART Clіnісѕ іn Indіа


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It seems as though the more popular surrogacy becomes, the more that countries want to ban the practice. Many countries look at surrogacy clinics as “rent-a-womb” clinics. The morality of it all is what seems to come into play. The cold, hard medical fact of the matter is that more and more women worldwide are finding it harder or impossible to become pregnant in the conventional way. Morality needs to learn to get along better with changing medical facts.


India, for example, has banned commercial surrogacy in addition to not allowing foreigners to come into the country for this purpose. This has led would-beparents to find a surrogate mother in India, if they cannot find a woman elsewhere, and fly them over to a U.S. state that allows surrogacy. This just puts undue stress and strain on both parties seeking a medical procedure that is known to be safe. It is a legal loophole that has become a necessity for some people, not to mention a much more expensive way of doing this when it is fairly expensive already.


Add the fact that most every state in the U.S. has laws that vary from each other and you can start to see just how problematic this can be for people simply wanting a family. India is used as an example here because of its democratic leanings, growing population, the growing poverty, and the promise of a good amount of money to carry a fetus to term for nine months. Not that it's an easy thing to do, but when you face poverty every day and someone is willing to pay you a great deal of money to become pregnant, the health considerations do not seem that dire anymore.


American doctors are well-versed in this procedure and the job of delivering babies is probably the easiest medical procedure there is in this day and age. Indian women know this and this is why the medical aspect is not very concerning. The Indian government is more than likely enacting laws against this in order to protect its citizens from foreigners who would take advantage of women. American lawmakers are more politically motivated to take a stand on either side of this fence.


The reality is if both the U.S. and India and other countries like them simply enact tighter regulations to make it harder for the illegal aspects of surrogacy to be implemented, it would make it easier for everyone else involved to play a part in the joy of starting a family. This is what surrogacy ultimately leads to: A new family. Politics or subjective moral leanings should not dictate whether a couple can start a family or not. The competency of the would-be parents and the health of the surrogate mother are what needs to lead this parade.


So, in the meantime, loopholes will be found, more money than necessary will be exchanged, and the business of surrogacy will go on. Maybe more expensive and time-consuming than necessary, but it will go on.

  • Pamela J

    May 11, 2017

    I had no idea that surrogacy was banned in some states. I don't understand how they can do that! If two willing parties want to enter into this contract, shouldn't it be their choice? I am just beginning to look into doing this, but I guess my first step should be to start by looking into the legalities of my state. It isn't on the list of states that ban or void, so maybe it won't be so bad.

  • Sarah Rogers

    May 30, 2017

    I didn't know just how complicated reproductive rights were until we started having trouble conceiving. I'm surprised all states aren't more open to surrogacy. What are those couples supposed to do?

  • Anna Kingston

    June 3, 2017

    Exactly. This is really weird. I never thought about the legalities of being a surrogate, but I find it interesting that it's not allowed in every state. I would think that the state legislation would want to help people who want to build their family, not put up road blocks.

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