Category: AR Commercial Surrogacy

Surrogacy Regulation is Stuck Between Market, Family and State

Through the years, India’s stand on surrogacy has varied from a medico-liberal to a carceral model, but the best safeguards for surrogates would be empowerment rather than relying on the market or the state for protection. Law has long been the site of intense… Continue Reading “Surrogacy Regulation is Stuck Between Market, Family and State”

Tracing the journey, and flaws, of the surrogacy bill

The government has tried to regulate surrogacy for over a decade. Starting with the permissive 2005 guidelines of the Indian Council for Medical Research, the government has proposed increasingly restrictive bills in 2008, 2010, 2013 and 2014 and has, through notifications of the ministry… Continue Reading “Tracing the journey, and flaws, of the surrogacy bill”

What the new laws regulating fertility services in India say | In Focus podcast

Dr Prabha Kotiswaran speaks to us on whether the new laws protect the interests of couples who want a baby and of the women who would be egg donors or surrogates This month, two bills dealing with fertility services have been passed by Parliament… Continue Reading “What the new laws regulating fertility services in India say | In Focus podcast”

The humpty-dumpty-esque tale of two laws

The Lok Sabha and Rajya Sabha recently passed the Assisted Reproductive Technology (Regulation) Bill, 2021 (ART) and the Surrogacy (Regulation) Bill, 2021 (SRB). Both laws were once a consolidated law which sat on a wall like ‘Humpty Dumpty’ for years. But in 2016, the… Continue Reading “The humpty-dumpty-esque tale of two laws”

New surrogacy law ignores the labour involved in pregnancy

Surrogacy has been in the news recently, most because of actor Priyanka Chopra. But this wasalso the week that the Surrogacy (Regulation) Act (SRA), 2021 came into force. In an interview to Sunday Times. Prabha Kotiswaran, a professor of law and justice at King’s… Continue Reading “New surrogacy law ignores the labour involved in pregnancy”

Assisted Reproductive Technology Bill needs a thorough review

Assisted Reproductive Technology Bill raises constitutional, medico-legal, regulatory concerns. It needs a thorough review. Union Health Minister Harsh Vardhan introduced the Assisted Reproductive Technology (Regulation) Bill, 2020 (Bill) in the Lok Sabha on September 14. Its aim is to regulate ART banks and clinics,… Continue Reading “Assisted Reproductive Technology Bill needs a thorough review”

Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020

This article critically engages with the Assisted Reproductive Technologies (Regulation) Bill, 2020 (ART Bill 2020) which is set to draw curtains on a regulatory journey of more than a decade and a half to culminate in a highly restrictive approach. Engaging with the provisions… Continue Reading “Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020”

Regulating Reproductive Technologies: A Blow to Inclusive Family Forms

The Assisted Reproductive Technology (Regulation) Bill, 2020 was tabled in the Lok Sabha in September 2020. It was referred to the department-related Parliamentary Standing Committee on Health and Family Welfare, which submitted its 129th report on the ART Bill, 2020 on 17 March 2021. This article… Continue Reading “Regulating Reproductive Technologies: A Blow to Inclusive Family Forms”

Divine labours, devalued work: the continuing saga of India’s surrogacy regulation

This article offers a feminist critique of the Surrogacy (Regulation) Bill,2019. Fifteen years since the first proposed regulation of assisted repro-ductive technologies and surrogacy, the 2019 Bill leaves much to bedesired. It reflects a limited understanding of the complexities of surro-gacy, is discriminatory in its approach, is plagued by… Continue Reading “Divine labours, devalued work: the continuing saga of India’s surrogacy regulation”

Of Freedoms & Agency: Commercial Surrogacy and Reproductive Rights – by Sneha Banerjee

Dr. Sneha Banerjee is a research associate exploring commercial surrogacy in India On 5-6th December 2019, I participated in the International Conference on (Non)Reproductive Freedom: Theories, Experiences and Movements at the Ca’Foscari University of Venice organised by the feminist journal – DEP. Apart from… Continue Reading “Of Freedoms & Agency: Commercial Surrogacy and Reproductive Rights – by Sneha Banerjee”