Dr Saarthak Bakshi, Health Entrepreneur and CEO, RiSAA IVF shares his views on Surrogacy Act in India and highlights that while surrogacy offers a pathway to parenthood, the current legislation falls short in recognising the value of genetic connection
In the intricate tapestry of assisted reproductive technologies, India has been a pioneering force. However, as societal norms and family structures evolve, so must the regulatory frameworks that govern these technologies. The Surrogacy Act in India, a cornerstone of legislation in this domain, is now at a crossroads, poised for a transformative update. This proposed amendment seeks to usher in a new era by recognising and embracing the crucial role of donors in the surrogacy process, bringing a ray of hope to countless aspiring parents.
The current landscape
The Surrogacy Act in India, enacted in 2002 and subsequently amended in 2008, primarily focuses on the regulation of surrogacy arrangements. While it has played a vital role in bringing order to the realm of assisted reproduction, it is now showing signs of age, particularly in its limited acknowledgment of the importance of donor involvement.
The need for change
The heart of the matter lies in the inherent desire of individuals and couples to have a biological connection with their offspring. While surrogacy offers a pathway to parenthood, the current legislation falls short in recognising the value of genetic connection. The proposed amendment advocates for a nuanced approach, allowing prospective parents the option to select donors whose genetic materials contribute to the conception of their future child.
Enhancing success rates and emotional connections
The proposed shift is not merely administrative; it is a seismic change that can significantly impact the success rates of assisted reproduction. The ability to choose donors based on their genetic compatibility with the intended parents can enhance the chances of a successful pregnancy.
Moreover, it introduces a dimension of personalisation and emotional connection for couples opting for surrogacy. By having a say in the selection of donors, intended parents can establish a genetic link that goes beyond the gestational aspect provided by the surrogate. This newfound autonomy in the process can make the journey towards parenthood more meaningful and fulfilling.
Navigating legal and ethical waters
As with any significant legislative change, a cautious and considered approach is imperative. The proposed amendment must be accompanied by robust legal and ethical safeguards to protect the rights and well-being of all parties involved.
Transparency is paramount. Guidelines must be established to ensure that all stakeholders, including surrogates, donors, and intended parents, are fully informed about the implications of the surrogacy process. Informed consent should be a cornerstone, providing a solid foundation for ethical practices.
Moreover, regulatory measures should guard against any form of exploitation, ensuring fair and equitable treatment for all involved parties. Balancing the autonomy of individuals with the need for oversight is a delicate task that demands careful calibration.
Public awareness and education
As the legislative wheels turn, it is equally crucial to embark on comprehensive public awareness and education campaigns. Dispelling myths, addressing misconceptions, and fostering a culture of acceptance are pivotal steps in creating a supportive environment for those navigating the intricate landscape of assisted reproduction.
By fostering understanding, society can evolve to embrace the diversity of family-building options available. Educating the public about the ethical and legal nuances of donor surrogacy will contribute to a more informed and empathetic society.
India stands on the brink of a profound shift in its approach to assisted reproduction. The proposed amendments to the Surrogacy Act, advocating for donor involvement, offer a glimpse into a future where the journey to parenthood becomes more personalised and connected. This evolution is not without its challenges, and the path forward requires a delicate balance between autonomy and regulation.
As we navigate these uncharted waters, it is essential to keep the well-being and rights of all stakeholders at the forefront. The envisioned changes hold the promise of bringing hope and happiness to countless families, ushering in an era where assisted reproduction is not only a technical process but a deeply personal and fulfilling journey.
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