WOMEN'S RIGHTS, AND SURROGACY: THE EXPLOITATION OF FAIR SEX CONTINUES

Abstract

The scientific age, marked by advancements in reproductive technologies, has significantly impacted the discourse on women's rights, particularly in the context of surrogacy. This practice, where a woman carries and gives birth to a child for another person or couple, raises complex ethical, legal, and social questions. While surrogacy offers a solution for couples facing infertility, it also raises concerns about the potential exploitation and commodification of women's bodies. This paper explores the intricate relationship between scientific advancements, women's rights, and surrogacy. It explores the varying legal frameworks across different jurisdictions, highlighting the disparities in protection offered to surrogate mothers.  It delves into the positive aspects of surrogacy, such as addressing infertility and improving reproductive outcomes, while also critically examining the potential for exploitation and the commodification of women. The paper also shed a light on the Commercial surrogacy, which a contentious issue and banned by many countries such as in India The Surrogacy (Regulation)Act, 2021 section 4(ii) (c) which allowed the altruistic form of surrogacy and prohibits the commercial surrogacy similarly, The European Union,  Article 3 of the Charter of Fundamental Rights of the European Union also makes commercial surrogacy illegal but where permitted as in some states of USA(California), it offers numerous benefits such as it allows single people and others who traditionally been unable to produce children, such as  LGBTQ community, to do so. Further, it also pushes the society boundaries and can be seen as an empowering choice for women by allowing them to make choices after informed consent about their reproductive capabilities and earn financial compensation for their services. Author/s by analysing relevant case studies and legal frameworks and comprehensively review of academic articles, books, and legal documents related to surrogacy, women's rights, and reproductive health this research aims to illuminate the ethical dilemmas and challenges associated with surrogacy and its commercialization. Ultimately, this paper advocates for a balanced approach that prioritizes the well-being of both surrogate mothers and intended parents, while upholding women's rights and ensuring the ethical practice of surrogacy by giving priority to fair sex.

KEYWORDS: Reproductive technologies, Commercial, Surrogacy, Women Rights, Scientific Advancements, Legal Framework.