Labour Pains: The Birth of Assisted Reproductive Technology Policy in India

Abstract

As the industry of international fertility tourism has continued to grow around the world India has become a hotbed of controversy around the practice of commercial surrogacy. Some estimates claim that over 5,000 babies are born every year in India via surrogacy. With transnational surrogacy becoming a more widely known reproductive alternative, there are ongoing debates both in academia and the media regarding the extent to which women are empowered while also protected in the current structure of surrogacy. The resulting arrangement between intended parents, healthcare providers, surrogates and other agencies has become incredibly complex and wrought with challenges. As Shome & Hegde (2002a) have pointed out, the current state of globalization creates processes by which economic and cultural power lines shift rapidly. In light of the industry growth, the government and the Indian Council of Medical Research proposed guidelines and legislation aimed to regulate the Assisted Reproductive Technology industry that benefited from specific medical tourism trends. This manuscript discusses the business of surrogacy and explores the implications of the proposed policy amidst a controversial ban of commercial surrogacy for international patients through a critical discourse analysis of the policy, bolstered by direct interviews with health providers and surrogates. The analysis explicates the complexity and paradoxes of the arrangement highlighting the agency of each stakeholder involved. Unsurprisingly, the analysis shows a lack of protection for individual surrogates and a privileging of intended parents interests and needs. However, there are also important opportunities for potential regulation that works towards all needs.