THE INFLUENCE OF "REPRODUCTIVE TOURISM" ON LEGISLATION GOVERNING SURROGACY

Abstract

The article discusses the plight of women - surrogate mothers from the lower castes of India, which is the result of legislative regulation of surrogate motherhood. The low cost of services of surrogate mothers and legal regulation advantageous for the genetic parents, attract clients from abroad, making India the world centre of surrogacy. The consequence is a humiliating situation of surrogate mothers, their vulnerability, and contrary to the declared democratic values enshrined in the Constitution of India. The protection of democratic values and consolidation of the old caste are natural of India, which is also enshrined in the legislation. In November 2016, a new bill prohibiting surrogacy on a commercial basis was presented. Currently the bill is pending. The article shows that if the bill is passed, it will solve some of the problems associated with the humiliated position of surrogate mothers, but will not solve problems related to 1) the autonomy of surrogate mothers; 2) protection of the rights of women of the lower castes applying for the job of a surrogate mother. In addition, the bill may cause new social and economic problems. Firstly, the introduction of the bill will hit "reproductive tourism" in India, seriously reducing the industry. Secondly, the ban on surrogate motherhood on a commercial basis will be a significant part of the medical staff of IVF clinics. A new bill will require considerable powers of Executive authorities and police, since the ban applies on a well-developed industry in medicine, having gained international fame. Otherwise, the introduction of the bill may create a black market of surrogacy. The article provides a number of alternative measures to solve problems caused by "reproductive tourism", such as diagnosis, medical aid to surrogate mothers after childbirth, control over the content of surrogate mothers and the protection of their rights. Similar measures have already been successfully used in the field of experiments with the participation of the people, and have international legal framework.