Commercial Surrogacy In India
Author: LawSphereX
Category: General Law
Published:
Updated:
COMMERCIAL SURROGACY IN INDIA: LEGISLATIVE
GAPS AND THE NEED FOR COMPREHENSIVE REFORM
Dr. Anupama Singh, Assistant Professor, Centre Law School, GIBS, GGSIP University, Delhi.
ABSTRACT
This study examines the Grey Shade of Commercial Surrogacy of motherworkers in India in the light of the Surrogacy (Regulation) Act, 2022. Commercial surrogacy became a temporary solution for poor women to uplift themselves and their families from poverty and destitution. The nature of commercial surrogacy, on the other hand, was fueled by exploitative capitalism. According to CII data, surrogacy is a $2. 3 billion industry fed by a lack of regulations and poverty. 1 Due to legal leniency, the enterprise of commercial surrogacy operated in an unchecked complex network of doctors, commissioning parents, and brokers, all of whom together contributed to the exploitation and commodification of the bodies of vulnerable women. On December 25, 2021, the Surrogacy (Regulation) Act, 2021, received the President’s assent in order to regulate the practice and process of surrogacy.
The act bans the practice of commercial surrogacy in India. The act only allows altruistic surrogacy for infertile Indian married couples between the age groups of 23–50 years for women and 26–55 years for men. The act also states that a couple should not have a surviving child, either biologically or adopted, except for a child who is mentally or physically challenged. Keywords: Commercial, Surrogacy, IVF, Surrogacy (Regulation) Act, 2021 1 Abantika Ghosh,Surrogacy, then & now, 2023, available at https://indianexpress. com/article/explained /surrogacy-bill-then-now-5503047/
Introduction Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to become pregnant, carry the pregnancy to due term, and give birth to a child or children—all of this for another person, who will ultimately become the parent of the child/children. There are two kinds of surrogacy: Traditional Surrogacy and Gestational Surrogacy. Traditional surrogacy is a situation in which a woman who is also an egg donor carries a pregnancy. She can conceive as a result of In-Vitro Fertilization (IVF) or Intrauterine Insemination (IUI), using the biological father’s sperm. Gestational surrogacy is an arrangement where a woman carries and delivers a child for another couple or person. In this type of surrogacy, the eggs used to make embryos do not come from the carrier, i. e. , the surrogate mother.
In both types of surrogacies, the child/children born are intended to be raised by the intended couple, i. e. , the child's biological father and his partner. The first IVF baby was born in 1978, and the first baby born from egg donation was born in 1982, just five years after the first IVF baby was born. These two radical innovations resulted in the origination of Gestational Surrogacy. The first successful gestational surrogacy took place in 1985. This gave hope and a sphere of possibilities for both intending couples and would-be surrogates. Surrogacy falls into a legal grey area at the international level. There is no consensus among countries on how to regulate the practice of surrogacy. The ICPD25, which marked the 25th anniversary of the International Conference on Population and Development, 1994, also failed to acknowledge surrogacy in the ambit of reproductive rights.
Due to lack of regulation, it has led to exploitation, including by doctors and brokers who can use their financial leverage to control surrogates and violate their rights. There have also been allegations of women trafficking from developing countries for the purpose of surrogacy, as well as cases of conflict between commissioning parents and surrogate mothers. These issues have led some countries to ban surrogacy entirely and others to permit it only on an altruistic basis. The practice of surrogacy is a complex phenomenon that needs to be looked at through the multiple and interacting lenses of gender, race, class, and ethnic inequalities. Surrogacy has raised many legal, ethical, and social conundrums for national and international communities to deal with. It has introduced new dimensions to the debate over reproductive rights for
women. Surrogacy has forced or prompted social scientists, feminists, doctors, and legal scholars to redefine the concept of motherhood and question the new ways of exploitation of rural poor women in Third World countries, the increased commodification and medicalization of women’s bodies, and the reinforcement of patriarchal norms. Conflicts and Hurdles in the Path of Surrogacy Elizabeth Kane (pseudonym) in 1980 was America's first legal surrogate mother and gave birth to a son through traditional surrogacy in the same year. However, she eventually regretted her decision and wrote about the experience in her book, ‘Birth Mother: The Story of America’s First Legal Surrogate Mother’,1988. 2During a talk show at the National Women's Studies Association Annual Conference, she explains why she chose to work in this field because she felt that infertile women had no other options.
But she was unaware of and unprepared for the waves of emotions she faced during pregnancy and at the birth. She described that during the two psychological examinations, there was no discussion about my bonding with the baby. The female attorney hired by the intended parents threatened Kane with breach of contact every time she asked something. She wrote, “I was only a healthy uterus without a brain or a heart. ”3 In 1986, surrogacy faced its first legal hurdle when, upon delivering the child, a traditional surrogate named Mary Beth Whitehead decided that she wanted to keep the child. This was the famous "Baby M" case. She agreed to be a traditional surrogate for a couple who were unable to conceive the child. A surrogacy agreement was prepared and signed. But once the child was born, the surrogate decided not to give up her baby.
She had a two-year custody battle with the intended couple for the same reason. The court later granted custody to the intending father, who was also the biological father of the child. Because of this case, many in this field favoured legally contracted surrogacy’s and supported a newer option, which is Gestational Surrogacy. 4 Due to both the cases of Kane and Baby M, it was thought that removing the biological connections between the surrogate and the child born would reduce the chances of the surrogate becoming attached to the child carried and delivered by her. Many in this field favored legally 2Kane, Elizabeth. “SURROGATE PARENTING: A DIVISION OF FAMILIES, NOT A CREATION. ” Reproductive and Genetic Engineering: Journal of International Feminist Analysis, vol. 2, no. 2, 1989. 3(Kane, 1989). 4 Kolbert, Elizabeth. “A Dispute on Baby M. ” The New York Times, Oct.
6, 1986,available athttps://www. nyt imes. com/1986/10/06/nyregion/a-dispute-on-baby-m. html. , (last visited onMarch 12, 2022).
contracted surrogacies and supported a newer option, which is Gestational Surrogacy. When a gestational carrier who had signed a surrogacy agreement with intending parents decided she wanted to keep the child, it was a significant legal turning point for gestational surrogacy. The carrier and the child shared no biological connection, and in the custody battle, the court sided with the intended parents. The ruling in Johnson v. Calvert,5stated that a gestational surrogacy agreement was a legally binding agreement that would be supported in the courts, ensuring the intended parents' parentage. The Position of Surrogacy in India: Adaptation and Recasting of the Statues, and Guidelines The fabric of Indian culture recognises the necessity of having a child as the fulfilment of a marital relationship, and not having a child is viewed as a stigma in Indian society.
Therefore, for those unfortunate couples who are not able to conceive a child due to certain reasons such as infertility, age-related factors, etc. , a surrogate mother plays the role of an angel in disguise6. Surrogacy has given new hope to many people who wished to become parents but faced barriers, including LGBT couples, single people, and heterosexual couples experiencing infertility. But surrogacy also raises complex legal and ethical issues. Surrogacy in India was governed by neo-liberal market theory, which means the surrogacy was entirely managed by the private sector with no state regulations or laws in place. Due to this legal leniency, commercial surrogacy in India became a multi-million-dollar industry. A study backed by the United Nations in July 2012 estimated that surrogacy is a $400 million business a year in India, with over 3,000 fertility clinics across the country.
In recent years, India has seen a dramatic growth in the international surrogacy business, which has attracted foreign couples seeking surrogate mothers in India. Because of the presence of qualified doctors and healthcare workers, quality care for mothers, a relatively low cost, and all the above-mentioned factors, an unregulated private sector emerged under the name of "commercial surrogacy. " With the commercialization of surrogacy, social, demographic, ethical, legal, and philosophical 5Johnson v. Calvert (1993) No. S023721. May 20, 1993. available at Johnson v. Calvert (1993):: Supreme Court of California Decisions :: California Case Law :: California Law :: US Law :: Justia. , (last visited on March 20, 2022). 6 Soni, P. , "Surrogacy Laws in India: Need for Stringent Reforms" (2020) 10(1) International Journal of Law Management & Humanities 233–239.
issues have been raised. As the debates have shown, these developments have the ability to alter not only the face but the very soul of human civilization7 “Prior to 2008, surrogacy (which is essentially commercial) was being briskly carried out in India without any efforts by the government to set up a statutory regulatory mechanism. "8 The Indian Council for Medical Research (ICMR) formulated certain guidelines in 2005. However, these guidelines did not have any statutory basis, and surrogacy continued to remain an uncharted territory in Indian legal. ”9 Baby Manji Yamada vs Union of India &Anr. ,10 In the landmark case of Baby Manji, a Japanese couple wished to have a baby and, for the same reason, entered into a surrogacy agreement with an Indian woman.
But the commissioning parents got divorced shortly before the child was born, and the intended father insisted on having custody of the child. He ran into legal problems because Indian law prohibits single men from adopting. Neither the intended mother nor the surrogate mother wanted to take custody of the baby. The government seemed powerless in this matter as there were no laws governing the effects of surrogacy. The apex court directed the National Commission for Protection of Child Rights to deal with the issue. The court held the father was the genetic father of the baby, and the baby was eventually permitted to leave for Japan after the Japanese government issued a one-year visa to her on humanitarian grounds and her grandmother was temporarily given custody over the baby.
Jan Balaz vs Anand Municipality & 6 (S),11 In another case, a childless German couple who entered into a surrogacy agreement with a Gujrati surrogate faced a legal challenge as, on the one hand, German law does not recognise surrogacy as a means of parenting, while the other hand Indian government would not allow the babies to be taken back as Indian. Realizing the scenario, the intended father, Jan Balaz,
7 Centre for Social Research (CSR), Surrogacy Motherhood: Ethical or Commercial (CSR 2010).
8 (Sharma, 2019 Bar & Bench).
9Sharma, Chinmoy Pradip. “Surrogacy Laws in India - Past Experiences and Emerging Facets.” Bar and Bench, 23 November 2019, https://www.barandbench.com/columns/surrogacy-laws-in-india-past-experiences-andemerging-facets., (last visited on January 22, 2022).
1029 September, 20021available athttps://indiankanoon.org/docfragment/854968/? formInput=cases%20on%
20surrogacy, (last visited on March 17, 2022). 1111 November, 20021, available at https://www.casemine.com/judgement/in/ 56b48efa607dba 34 8fff6a16(last visited on January 13, 2024).
moved the Gujarat High Court seeking Indian citizenship. The court ruled in favor, as reported by The Times of India, “since the surrogate mother is an Indian national, therefore, the surrogate children will also be treated as Indian nationals and entitled to Indian passports. ”12 Hence, the baby was given Indian citizenship, and the German parents had to go through an adoption process. In August 2009, the Law Commission of India, in its 228th report, addressed the grave need for legislation to regulate not only the Assisted Reproductive Technology (ART) clinics but also put forward a proposal for the regulation of the surrogacy process and agreements in India.
Some of the key highlights of the report were13: ● The surrogacy contract should include, among other things, the women's obligation to bear the child and hand it over, as well as the intended parents' obligation to bear all medical and other expenses. ● The law commission suggested that the surrogacy arrangements should also provide for financial support for the surrogate child in the event of the death of the intended parents before the delivery of the child or in the event of a divorce between the intended parents. ● According to guidelines, one of the intended parents should be a donor as well because the bond of love and affection with the child primarily emanates from a biological bond. Also, legislation should recognise the surrogate child as the legitimate child without the intended parents’ need for adoption or a declaration of guardianship.
● The birth certificate of a surrogate child should contain the names of the commissioning parents only. A right to privacy for the donor as well as the surrogate mother should be implemented. Baby Dev Case: A Milestone in the Journey of India’s Surrogacy In this case the intending parents were Australian, they came to India for surrogacy. In 2012, 12Mahapatra, Dhananjay. “Twins: German or Indian? Surrogate twins in legal no-man's land | India News. ” Times of India, 1 December 2009, https://timesofindia. indiatimes. com/india/german-or-indian-surrogate-twinsin-legal-no-mans-land/articleshow/5286325. cms. (last visited on June01, 2024). 13Law Commission of India, 228th Report on “Need for Legislation To Regulate Assisted Reproductive Technology Clinics As Well As Rights And Obligations Of Parties To A Surrogacy” (2009), available athttps://indiankanoon. org/doc/168220859/.
,(last visited on June07, 2024).
they travelled to India to see their twins. They returned a few weeks later with one of their twins, a girl, leaving the twin boy behind. As reported by The Guardian, “The Australian high commission in Delhi was approached by the couple—identified in a summary of the case by the then department of immigration and citizenship as Mr. and Mrs. S—who said they had come to India to meet their twin biological children born through international surrogacy arrangements. The couple allegedly decided they wanted to take only one baby, a daughter, back to Australia, saying they could not afford to support both children. Mr. and Mrs. S told consular staff they had left the unwanted baby with friends who could not have a baby. It was unclear whether money changed hands.
”14 In 2012, the Indian Home Minister circulated a memo, according to which foreign gay couples and single people cannot hire a surrogate mother to become parents. The rules say foreign couples seeking to enter into a surrogacy arrangement in India must be a "man and woman (who are) duly married, and the marriage should be sustained for at least two years. "15 The Surrogacy (Regulation) Act, 2021 Finally, with the assent of the President on December 25, 2021, the Surrogacy (Regulation) Act, 2021, came into force to regulate the practice and process of surrogacy. 16The new act has incorporated few changes from recommendations suggested by the Select Committee chaired by MP Bhupinder Yadav, appointed in November 2019. These changes to the 2019 bill include access to surrogacy for Indian divorced women and widowed women between the age of 35-
45.17 The minimum period of 5 years for infertile married couples who wish to become
intended parents have been omitted. The act now requires a medical certificate in favour of either or both members of the intending couple or intending woman from a District Medical Board. It has also increased the insurance coverage for surrogate mothers up to 36 months from an earlier period of 16 months. 18 Furthermore, the act has eliminated the controversial clause 14Doherty, Ben, et al. “Surrogate baby left in India by Australian couple was not trafficked, investigation finds. ” The Guardian, 9 October 2014, available at https://www. theguardian. com/australia-news/2014/oct/09/surrogate -baby-left-in-india-by-australian-couple-was-not-trafficked-investigation-finds. (last visited onMay 12, 2024). 15Johnson, Jamie, et al. “India bans gay foreign couples from surrogacy. ” The Telegraph, 18 January 2013, available at https://www. telegraph. co.
uk/news/worldnews/asia/india/9811222/India-bans-gay-foreign-couplesfrom-surrogacy. html. (last visited on March 13, 2024). 16The Surrogacy (Regulation) Act, 2021 (No. 47 of 2021) available at https://egazette. nic. in/WriteRead Data/ 2021/232118. pdf(last visited on January 13, 2024). 17The Surrogacy (Regulation) Act, 2021, s. 2 (1) (s). 18The Surrogacy (Regulation) Act, 2021Chapter III, s. 4 (a) (I) & (III).
of "close relative" and changed it to "a willing woman. "19The act provides for the constitution of the National Assisted Reproductive Technology and Surrogacy Board and state Assisted Reproductive Technology and Surrogacy Boards. 20 The Surrogacy (Regulation) Act, 2021: An Analysis of Key Features As per the bill, surrogacy procedures shall be performed only for the altruistic purpose21. The bill specified that surrogacy would be available only when either one or both partners are suffering from proven infertility, for which a certificate is proof. An eligibility certificate would be issued separately by the appropriate authority only if the conditions were fulfilled, which included the couple being married for at least 5 years and being Indian citizens. Wife must be 23-50 years and the husband must be 26-50 years.
Intending couples should not have any surviving biological children, either through adoption or through surrogacy; this is only possible if the child is mentally or physically disabled or has any fatal disease. 22The bill also defines a surrogate mother as a woman bearing a child who is genetically related to the intended couple through surrogacy from the implantation of an embryo in her womb and fulfils the conditions as decided. 23It further defines a surrogate mother as a married woman between 25-
35 years old on the day of implantation who has a child of her own. She needs to be a close
relative of the couple and can become a surrogate once in her lifetime; she cannot become a surrogate mother by providing her own gametes. 24As per the bill, only surrogacy clinics registered under the bill would be able to perform procedures related to surrogacy It further described that no surrogacy clinics, registered medical practitioners, gynecologists, or other persons shall promote, publish, canvass, propagate, advertise, or otherwise promote commercial surrogacy or induce women to be surrogate mothers. 25It also made the selling, importing, purchasing, or trading of human embryos or gametes for the purpose of surrogacy or if someone had abandoned, exploited, or disowned a surrogate child an offence for which they would be liable for imprisonment for up to 10 years and a fine of up to 10 lakhs. 26 19The Surrogacy (Regulation) Act, 2021 , S. 4 (b).
20The Surrogacy (Regulation) Act, 2021,S. 17 & 26
21 The Surrogacy (Regulation) Act, 2021 S.. 4 (ii) available at http://164.100.47.4/ bills
texts/lsbilltexts/PassedLokSabha/156-C_2019_LS_Eng.pdf(last visited on April 02, 2024). 22The Surrogacy (Regulation) Act, 2021, S. 4
23 The Surrogacy (Regulation) Act, 2021,S5
24The Surrogacy (Regulation) Act, 2021, 4 b (i), (ii).
25 The Surrogacy (Regulation) Act, 2021,, S. 3 (v).
26The Surrogacy (Regulation) Act, 2021,,Chapter VII.
Critical Assessment of the Act It faced sharp criticism from fertility clinics, women’s organizations, and LGBT activists for limiting the accessibility of surrogacy to heterosexual married couples. The bill limited the definition of family in accordance with heteronormative patriarchal norms. By denying single people, live-in couples, and LGBT couples their right to form families, the bill reinstated the patriarchal idea that only married heterosexual couples could form legitimate families. Feminist groups have also criticised the bill, saying that by only allowing a close relative to become a surrogate, it completely ignores the patriarchal setup of Indian families. The power structure of Indian families limits the agency of women to take their own decisions. The bill does not take into account how domestic violence and intimidation can force a woman to become a surrogate.
Furthermore, the bill was ambiguous in its definition of "close relative," as it was unclear to what extent a close relative should be. By making surrogacy an altruistic act, the bill also ignored the fact that surrogacy has been proven to be one of the sources of livelihood for economically weaker women. Surrogacy: A Social and Ethical Dilemma In the Indian imagination, commercial surrogacy is considered a financial option only for poor women to uplift themselves from abject poverty. However, studies have highlighted that many women opted for surrogacy as a one-time opportunity for upward social mobility that other blue-collar jobs could not provide. Surrogates also pointed out that surrogacy is both a practical and strategic solution in times of crisis, like debt27.
In general, commercial surrogacy is often associated with prostitution and is regarded as a highly stigmatised occupation28. Because India is a patriarchal society in which women's agency is limited to the will of her husband, in-laws, and family, women's ability to make lifechanging decisions is limited. Studies have shown that women who become surrogate mothers are often rejected by their husbands, as they are considered to be of questionable status who have traded their respectability for money29. 27 Rozée, V. , Unisa, S. , and Blondon, C. , "Commercial Surrogacy in India: Emergent Biocapitalism and the Making of the Surrogacy Industry" (2020) 25(1) Science, Technology & Society 1–20. 28 Pande, A. , "Not an 'Angel', not a 'Whore': Surrogates as 'Dirty' Workers in India" (2009) 16(2) Indian Journal of Gender Studies 141–173. 29 Saravanan, S.
, "Globalisation of Birth Markets: A Case Study of Assisted Reproductive Technologies in India" (2013) 18(2) Global Public Health 210–222.
Due to the stigma associated with surrogacy, a complex network of medical professionals and brokers collaborates to recruit women. They use different mediums for the recruitment process, like word of mouth, former surrogates, and traditional midwives who become brokers (Pande, 2010). Many times, women get stuck in the trap laid by "surrogate traders" and become victims of exploitative conditions. Such exploitation includes the illegal extraction of multiple eggs from donor women, the inability of surrogate mothers to meet their biological children, and forced surrogacy on the pretext of more payment or the fulfilment of previous payments. This exploitation of surrogate mothers is well documented in different documentaries like "Made in India: A Film About Surrogacy," 2010 by Rebeca Haimowitz& Vaishali Sinha30; "Womb on Rent," 2013 by Ishani K.
Dutta; and "Can We See the Baby Bump Please? " 2013, by Surabhi Sharma & SAMA, the Resource Group for Women and Health. 31 The selection of a surrogate is based on a number of factors, one of which is the caste of the surrogate. India being a Brahmanical patriarchy, caste remains an influential agent in the lives of individuals and communities. A 2012 study titled "Birthing A Market: A Study on Commercial Surrogacy" conducted by SAMA,32a Delhi-based resource group working on women’s and health issues, highlighted how commissioning parents preferred surrogates with fair skin colour or of a higher caste, particularly Brahmin. Conclusion Despite the changes in the Surrogacy (Regulation) Act, 2021, on the recommendation of the select committee, the act still has a restrictive approach.
The act violates not only reproductive autonomy but also fundamental rights by prohibiting homosexuals, live-in couples, divorced men, widowers, single men and women, foreign couples, and couples of non-Indian origins from using surrogacy. The act is also in opposition to Article 14/ 15 of the Indian Constitution, which ensures equality before the law, as it states: “The State shall not deny to any person equality before the law or the equal protection of the
30 Haimowitz, R. and Sinha, V., Made in India: A Film About Surrogacy, Documentary Film, 2010.
31Available at, https://samawomenshealth.in/can-we-see-the-baby-bump-please/, see,Made in India: A Film about Surrogacy | Women Make Movies (wmm.com)& alsoWomb on Rent - Women's Voices Now (womensvoicesnow.org)(last visited on March 21, 2024). 32Dutta, I.K., Womb on Rent, Documentary Film, 2013; Sharma, S. and SAMA Resource Group for Women and Health, Can We See the Baby Bump Please?, Documentary Film, 2013. Available at, https://samawomenshealth.in/birthingmarket/#:~:text=This%20study%20 focuses%20on %20 commercial,and%20in%20return%20for%20remuneration (last visited on April 2, 2024).
laws within the territory of India. " "Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. ” But the 2021 Act forbids certain sections of the population from accessing surrogacy to become parents on the basis of their sexual orientation, marital status, age, and nationality. The act also disallows unmarried, divorced, or widowed women to be surrogate mothers, reimposing the idea of heteronormative families where only a married woman has a right to become a mother. The Surrogacy (Regulation) Act takes into account the extensive exploitation that is a product of commercial surrogacy but fails to acknowledge the nuanced forms of exploitation prevalent in altruistic surrogacy as well. The government should not limit a woman's autonomy and agency in becoming a surrogate by regulating the practice.
The act is framed within the limited understanding of freedom, rights, and choices of women.
REFERENCES
● Achintaya, Soni. “Trailing the journey of Surrogacy Laws in India.” Tathya Walk the Law, 8 September 2020,available at, https://www.tathyalaw.org/post/trailing-the-journey-ofsurrogacy-laws-in-india,). ● Doherty, Ben, et al. “Surrogate baby left in India by Australian couple was not trafficked, investigation finds.” The Guardian, October 2014, https://www.theguardian.com/australia-news/2014/oct/09/surrogate-baby-left-in-india-byaustralian-couple-was-not-trafficked-investigation-finds. ● Johnson, Jamie, et al. “India bans gay foreign couples from surrogacy.” The Telegraph, 18 January 2013, available at, https://www.telegraph.co.uk/news/world news/asia/india/
9811222 /India-bans-gay-foreign-couples-from-surrogacy.html.
● Kane, Elizabeth. “SURROGATE PARENTING: A DIVISION OF FAMILIES, NOT A CREATION.” Reproductive and Genetic Engineering: Journal of International Feminist Analysis, vol. 2, no. 2, 1989. ● Kolbert, Elizabeth. “A Dispute on Baby M.” The New York Times, 6 October 1986, available at, https://www.nytimes.com/1986/10/06/nyregion/a-dispute-on-baby-m.html. ● Mahapatra, Dhananjay. “Twins: German or Indian? Surrogate twins in legal no-man's land | India News.” Times of India, December 2009,
available at, https://timesofindia.indiatimes. com/india/german-or-indian-surrogate-twins-in-legal-nomans-land/articleshow/5286325cms. ● Pande, Amrita. “Not an ‘angel’, not a ‘whore’: surrogates as ‘dirty’ Workers in India”. Indian Journal of Gender Studies, vol.16, no. 2, 2009, pp. 141–73. ● Pande, Amrita. “Commercial Surrogacy in India: Manufacturing a Perfect Mother- Worker.” The University of Chicago Press, vol. 35, no. 4, 2010, pp. 969-992. ● Rozée, Virginie, et al. “The social paradoxes of commercial surrogacy in developing countries: India before the new law of 2018.” BMC Women's Health, vol. 20, no. 234, 2020, pp. 1-14. https://doi.org/10.1186/s12905-020-01087-2.
● Saravanan, Sheela. “An Ethnomethodological Approach to Examine Exploitation in the Context ff Capacity, Trust and Experience of Commercial Surrogacy in India. ” Philosophy, ethics, and humanities in medicine, vol. 8, no. 1, 2013, pp. 1-12, https://pehmed. biomedcentral. com/articles/10. 1186/1747-5341-8-10. ● Sharma, Chinmoy Pradip. “Surrogacy Laws in India - Past Experiences and Emerging Facets. ” Bar and Bench, 23 November 2019, available at, https://www. barandbench . com/ columns/surrogacy-laws-in-india-past-experiences-and-emerging-facets. (last visited on May 10, 2022). Links of Cases, Bill & Act ● Baby Manji Yamada vs Union of India &Anr. https://indiankanoon. org/docfragment/854968/? formInput=cases%20on%20surrogacy ● Jan Balaz vs Anand Municipality & 6 (S) https://www. casemine. com/judgement/in/56b48efa607dba348fff6a16 ● Johnson v. Calvert (1993) No. S023721. May 20, 1993.
Johnson v. Calvert (1993) :: :: Supreme Court of California Decisions :: California Case Law :: California Law :: US Law :: Justia ● Surrogacy (Regulation) Bill, 2019 (Bill No. 156-C of 2019) http://164. 100. 47. 4/billstexts/lsbilltexts/PassedLokSabha/156-C_2019_LS_Eng. pdf ● The Surrogacy (Regulation) Act, (No. of 2021) https://egazette. nic. in/WriteReadData/2021/232118. p Documentary Links ● Can We See The Baby Bump Please? by Surabhi Sharma and SAMA. https://samawomenshealth. in/can-we-see-the-baby-bump-please/
● Made In India: A Film About Surrogacy by Rebeca Haimowitz& Vaishali Sinha Made in India: A Film about Surrogacy | Women Make Movies (wmm.com) ● Womb on Rent by Ishani K. Dutta Womb on Rent - Women's Voices Now (womensvoicesnow.org)