Surrogacy is a form of assisted reproduction in which the gestational labor of birthing a child is carried out by someone other than the intending parent/s. Surrogacy in India has gained a great deal of popularity over the last three decades, emerging as a major transnational commercial hub. Generating close to $2.3 billion in annual revenue (Rudrappa 2015), the industry was largely unregulated, until recently. In December 2021, the Indian state passed the Surrogacy (Regulation) Act, criminalizing commercial surrogacy and permitting only altruistic surrogacy for select clients. The Act bans the “commercialization of surrogacy services,” outlawing any possible compensation for surrogate workers, whether it is “payment, reward, benefit, fees, remuneration, or monetary incentive in cash or kind” (Government of India 2021, 2). In effect, surrogacy is legally permitted only if it is “altruistic,” with heavy punitive measures in place for commercial surrogacy. By “altruistic” surrogacy, the state means an unpaid surrogacy arrangement that is borne out of the good will and selflessness of the surrogate worker, upon whose body the biomedically intensive, complicated, and risky process of surrogacy is carried out. It is important to note that surrogacy arrangements in India are largely shaped by stark power imbalances. Surrogate workers tend to come from marginalized socioeconomic backgrounds, and are often low-income, oppressed-caste women from rural areas. Intending parent/s, by contrast, are typically more privileged – urban, middle-to-upper-class, and from dominant-caste groups. These structural disparities have significant implications for surrogate workers in the current moment, with the regulatory turn to “altruism.” (read more...)
