Gestational Surrogacy Introduction

Introduction

Procreation of children is one of the main objects of marriage. It is a natural desire of every human, being to leave behind his descendants for the continuity of lineage. Matrimonial happiness depends not only on satisfying biological need of sexual urge but also on begetting o f a child. Attainment of Parenthood gives social recognition of the parties to the marriage. A situation of childlessness arises if the married couple is unable to procreate children due to infertility. The childless parents become depressed, desperate, and helpless and feel cursed. It affects them not only psychologically and socially but also their lineage is discontinued.

Reproduction initially used to be a matter of chance and heterosexual intercourse

The surrogate arrangement is made between a couple and a “surrogate”; in the contract signed by both parties, the surrogate agrees to be artificially inseminated with the husband’s sperm in case of traditional surrogacy or with an embryo in case of gestational surrogacy, to bear a child, and at birth relinquish her parental rights and give up the physical custody of the child to the “commissioning couple.” The other kind is an altruistic surrogacy wherein a relative or a surrogate agrees to be inseminated with just the sperm of the father and carry the baby for them. The heart of the arrangement is the promise by the surrogate to give up custody of the child and the promise of the other party to accept the

It raises a multitude of ethical and legal question. The legislation and courts across the globe vary in their approach to surrogacy arrangements. Most of the countries have declared commercial surrogacy as void; however few countries treat it as legal.

In older times the reason why a wife was so concerned about bearing children lied in the inheritance of the wife's possessions . As has been shown, the reason for the use of Hagar as a surrogate mother is not to fulfil the covenant between God and Abram sealed in Gen 15 rather, Sarai's reason is "so I may be built up from her."

The author of the book, ‘Baby Makers’ raises a very pertinent question in the ethical background. In Sanskrit we say, Matru Devo Bhava, translated: Revere your mother as God. A mother conceives and bears a child in her womb for nine months, gives birth in agony and brings up her child – much of what the child becomes is a result of both: the upbringing and the genes it carries, physically, mentally, and spiritually. What then, if the child had genes of one woman, is born of the womb of another, and is reared by a third? Who, then, would qualify to be called the mother of that child