Republic of Unreason
By Suhrith Parthasarathy | The Hindu | Sept. 1, 2016
Now, there is little doubting that any reasonable government ought to concern itself at some level with the ethics of procreation, especially given the power equations at play in a contract of surrogacy. But is a complete proscription on commercial surrogacy a neutral position to take?
Framed by the death of a 30-year-old gestational mother in India in 2011, and the contract she signed agreeing to life support in order to protect the fetus in the event of life-threatening injury in the third trimester, this opinion article provides a critique of the Indian government’s recent ban on all commercial surrogacy.
Suhrith Parthasarathy comments on the requirements articulated in the new law — for intended parents, gestational mothers, and the money exchanged in between — highlighting flawed assumptions made by the bill and its “violation” of the constitutional pledge of equal treatment.