Nature has given the beautiful capacity to procreate a life within woman and every woman appreciates the experience of motherhood. But, unfortunately some women due to certain Physiological situations could not give birth to their own off-spring. Today’s democratic country in case of any dispute for property, rights
or interest. Then these things can be separated by the legal system or various quasi-judicial and judicial bodies. But till date we don’t have any mechanism for assessment of separation of living human body. Here I would like to share one story with respect to measurement of human relationship. Once upon a time, there was a
dispute between two women (mothers) for a child. As per their submissions they both were calming over childlike, ‘He is my son’; ‘No he is mine’. After hearing both the woman(mothers), the king delivered his judgement “Dived the living the child in to two pieces and give half to one woman and reaming half to the other2. This was the order given by the wise king soloman in order to identify who is the real claimant
or who is the real mother of that child. Before king’s order they were fighting with each other and claiming against each other over rights of child. On hearing of the king’s decision, the real mother of that child stated crying and requested to the king, not to cut the child but give it to the other woman. Now picture was clear who was real mother and whose claim was flase. The king gave the child to the woman who was crying and
requesting to the king that no to cut the child. As she was real mother of the child. I think in today’s era too King Solomon’s wisdom; such disputes cannot be rare because of the concept of surrogacy. Science and technology is increasing day by day, hence in the field of human reproduction can be made possible for a child to have two or three parents. Now a day’s king’s soloman may be replaced by various judicial and qusi-judicial bodies. In that king’s order there were only two claimants (mothers). But in present time several people may claim over a child. In this planate everybody wants to love and to be loved, hence to become parent is one of the sweet achievements of human being, unfortunately who cannot become father and mother, for their The urge of motherhood leads them to seek alternative solutions like Artificial Reproductive Technology (ART), In-Vitro Fertilization (IVF), Intra-Uterine Injections (IUI), etc. infusing hope into many infertile couples, who long to have a child of their own. With advances in medical sciences and technology, particularly in assisted reproductive techniques which have come in with techniques like donor insemination, embryo transfer methods, etc. revolutionizing the reproductive environment such methods such as ‘surrogacy’ are also gaining popularity
for varied reasons. As commonly understood, a surrogate mother is one who is hired to bear a child that she turns over at birth to her employer. The word ‘surrogate’ means ‘substitute3’.Besides surrogacy arrangements taking place within the family, the community, the state and within the country because cheap medical facilities coupled with advance reproductive tech4nological knowhow, slowly but steadily India is becoming a popular destination for surrogacy arrangements to many foreigners’ notably rich westerners. With the entry of financial arrangements in exchange of the surrogate child, where the child becomes a ‘saleable commodity’ complications
arise and issues got involved such as the rights of the surrogate mother, the child and the commissioning parents. To address and to regulate surrogacy arrangements the Government of India has taken certain steps such as introduction and implementation of National Guidelines for Accreditation, Supervision and Regulation
of Assisted Reproductive Technology (ART) Clinics in India, 2005 by the Indian Council of Medical Research (ICMR) under the Ministry of Health and Family Welfare, Government of India5.But, till now there is no such legal provisions directly dealing with surrogacy laws to protect the rights and interests of the surrogate
mother, the child or the commissioning parents. Hence, the risk and the disadvantages involved in this type of arrangements many a times prove detrimental to the interest of the surrogate mother and the child in particular. At times the commissioning parents also face legal hassles like the case of Japanese couple and the child born to them out of surrogacy arrangements in the recent days6.In 1984 the world saw the first successful birth through gestational surrogacy. Ten years later, in Chennai, this happened for the first time in India. Three years after that, in 1997, an Indian acted as a gestational carrier, and got paid for it, in order to obtain medical treatment for her paralyzed husband. In the past couple of years, the number of births through surrogacy
doubled with estimates ranging from 200 up to 350 in 2008 alone (Lal, 2008).
