What is Surrogacy
History behind the Surrogacy
History says during 1953 a pregnancy of transient biochemical nature was reported by the researchers at Australian Foxton School. The first fertilized egg was extracted intact by John rock. The other first was fertilization of a human oocyte and achieving pregnancy through the in virto techniques, which was reported by The Lancet, in 1973, by the research tem of Monash University. It actually lasted for countable days and as on date this technique is called bio-chemical pregnancy. As a further development, a report about an ectopic pregnancy was aired in 1976 by Robert Edwards and Patrick Steptoe. The same researchers had further successfully developed a path breaking conception leading to the birth of world’s first IVF baby Louise Brown, in Oldham General Hospital, on July, 25, 1978, in Greater Manchester, UK.
Biological or Surrogate mother?
Generally a “Mother” is a woman who conceives by supplying the ovum to get sperm to be fertilized, gives birth to a child, raises the child and grows the child. After the birth of the child there are many vital issues which are always very important and inseparable between the mother and the child as because the mother is to take up different religious, cultural and social roles. Many complexities and differences also evolve regarding a mother’s religious, cultural and social roles and definitions if the mother is Surrogate.
Surrogacy law in India is well known for its premature stage. The Law Commission has made some observations regarding controlling surrogacy arrangement but the guidelines of ICMR remain as the law as on date, without any stipulation. With a view to regulate surrogacy the ICMR guidelines will remain effective until an act comes into force. The law as the ICMR Guidelines is gradually coping up with the world. Under this present situation, Commercial surrogacy is legal in India as because India is the member of the club of a small number of countries, permitting commercial surrogacy. Over and above, The Supreme Court of India has consented to commercial surrogacy in the country and also held that commercial surrogacy contract is enforceable. The situation has made many childless couples to get their surrogate child.
It is a process of fertilizing an egg by sperm but not within a human body, rather ‘in virto’ i.e. in Latin ‘in glass”. Since the earlier biological experiments of this technique were carried out in different glass containers like Petri-dishes, Test tubes or Beakers, this is the reason till today any procedure for biological experiment done out side the body organism is known in the term of “in vitro”. When the normal methods of reproductive systems fail, the IVF (In Vitro Fertilization) is the best alternative.