‘Surrogacy is referring to a contract or agreement between a surrogate mother

‘Surrogacy is referring to a contract or agreement between a surrogate mother; a woman who carries and delivers a baby for intended parents; the one who wants the baby. The surrogacy can be classified into partially(traditional) or completely(gestational). In traditional surrogacy, the surrogate mother is impregnated with the sperms provided by the intended father or an unknown donor artificially and carries the pregnancy. The child is partially genetically related to both the surrogate mother and to the intended father or sperm donor. In gestational surrogacy, procedure is done through in vitro fertilization of egg from the intended mother is fertilized by the sperm provided by the intended father or unknown which then the fertilized egg or embryo is implanted into the uterus of the surrogate, the one who carries the pregnancy for them. The child is completely biologically related to the intended parents or donor but not genetically related with the surrogate mother. (Saxena, Mishra, ; Malik, 2012, Davies, 1985)’
‘These surrogacy arrangements are applied between the infertile married or unmarried couples, same-sex couples, single parents; who are cannot reproduce or insisted to have a genetic offspring and with the surrogate mother itself. The controversial issues arise, need to be addressed through framed laws with proper legalization to protect the rights for both parties. There are certain countries included India; where surrogacy exploit women from the poor background into surrogacy arrangement without being fully aware of potential risks. (Sharma, 2014), California, Ukraine where the commercial surrogacy is legal, and it is illegal in England, several states in the United States, and in Austria which recognize and considered as the altruistic surrogacy. Meanwhile, in countries like Sweden, Germany, Italy and Norway, do not recognize any surrogacy agreements. India has become the most preferred destination of reproductive tourism because the low cost of surrogacy procedure compared of what it is in the United Kingdom or the United States. (Saxena, Mishra, ; Malik, 2012). This is where the issues begin when there is commercial surrogacy without proper legalization somehow leads to legal problems.’
‘Surrogacy should not be legalized globally because the legal process can be tricky and varies for different countries. The controversial moral issues regarding surrogacy such as potential for human exploitation, human rights and concerning global justice provoked public disagreement. First and foremost, surrogacy contracts may not able to fully protect the physical and psychological of the surrogate mother. There has been a considerable possibility that the surrogate mother may form a born with the child prenatally or tend to distance themselves from the unborn baby that is not theirs. (Ragoné, 1994). For example, without provision of insurance, proper legal psychological counselling or screening, post-pregnancy medical and psychiatric support for surrogate mother, it has been suggested that relinquishing the child may be extremely distressing and may result in post-natal depressions which may further strain the physiological well-being of surrogate mothers. (British Medical Association, 1996). It has been proposed that this more likely to put themselves and the unborn baby’s health at risk. There has been a considerable possibility of adverse effects of surrogacy for surrogate mothers, complications arising during the pregnancy which may result in serious illness.’
‘The child born from the surrogacy arrangements is inevitable may suffer the consequences. When it involved crossing border travel surrogacy which confronts conspicuous moral issues which leads to problems in making decisions concerning surrogacy, parentage, motherhood, nationality, citizenship, and rights of a child. (Laufer-Ukeles, 2013, Rotabi and Bromfield, 2012, Tobin, 2014). It created serious legal and ethical dilemmas for the child regarding the nationality, identity, and origins of parentage and leads to physiological harm through personal identity and confusing legal parental status, family lineage under such arrangements. An agreement of written assurance of citizenship for the child from the government should also appoint a local guardian who would legally responsible for taking care the surrogate mother along the pregnancy period till the child is delivered and reached their country to avoid any of these consequences. Also, there have been several recent cases in a numbering authority which have dealt issue of defective infants, handicapped children, or the child is abandoned, disowned both by the contracting couple and surrogate mother which in result the child must spend his life in an orphanage. Unfortunately, the child needs to take all the repercussions.’
‘On the bright side, conversely surrogacy may offer a ‘ray of hope’ for a group of infertile couples, or for same-sex couples. Surrogacy also can be viewed as an alternative pathway to help infertile parents to have their biologically related baby, but it depends on the intention from both parties and their viewpoints on the whole surrogacy procedure itself. It becomes as one choice of the problem solving for couples who been diagnosed with reproductive system disease especially for the woman who has cancer cervix, or in case her uterus has been removed, for women without functioning ovaries or womb to find another woman who could carry the pregnancy for her. Intended mother also may consider proceeding with surrogacy procedure when her health conditions are impossible or high risky to carries the pregnancy. Surrogacy also could help to prevent inherited mutation or genetic disorders to pass through to the next generation. Over years, the well-being of morbidity might be improved.’
‘To conclude, surrogacy is an option for every childless intended parent to have their long-desired offspring. This surrogacy arrangement with moral issues arises need critical reflection addressed through the law to protect the rights of the intended parents, the surrogate and the unborn child. Altruistic should be promoted, and commercial surrogacy should be banned. High risk of women, economic exploitation, framed issues are the bad consequences from the commercial surrogacy. It is better to refine the adoption procedure manageable for all, so it can be the preferred route which could lower the rates of surrogacy. In this way, the rights of women and children, parentage, inheritance can be protected.’