Pointing to the salient features of the Assisted Reproductive Technology (Regulation) Bill and Rules, 2008, Justice A R Lakshmanan, former judge, Supreme Court and chairman, Law Commission of India, said: “This would acknowledge an agreement on surrogate motherhood, making it legally enforceable. A person can choose to become a single parent by opting for this method. Also, if the child is born with some genetic defects, she would become the responsibility of her genetic parents. The birth certificate of the child would also be made in the name of the genetic parents.”

Earlier, Justice Tirath Singh Thakur, Chief Justice of the Punjab and Haryana High Court, highlighted the various conflicting views on the issue, which he termed as highly provocative and debatable.

“Whenever any new issue comes up, views are polarised between two groups, who take very strong positions. The same is true for surrogate motherhood. I think the need of the hour is to provide a practical and reasonable middle path through comprehensive legislation.”

He added: “In the United States, the cost of a surrogate mother is around $ 1 lakh per pregnancy. In India, however, it is around $ 25,000. India is already perceived as a low cost destination in this domain. We have to make sure that our people are not exploited, and thus, sufficient checks have to be provided.”