One day National seminar

on

“Surrogacy, the Reproductive Technology: Socio-Legal & Ethical Perspectives”

Organized by

Department of Law,

School of Legal Studies,

BBAU, Lucknow.

Seminar Report

In very brief I am presenting the report of this one day National seminar on “Surrogacy, the

Reproductive Technology: Socio-Legal & Ethical Perspectives” Organized by Department of

Law, School of Legal Studies, BBAU, Lucknow.

The title of this seminar is “surrogacy, the Reproductive Technology: Socio-Legal & Ethical

Perspectives” the topic encompasses within itself the Medico-Legal Aspect of surrogacy which is

Assisted Reproductive Technology as well as its Social, Economic, Psychological and Ethical-

Moral aspects. The whole seminar was divided into four sessions i.e. Inaugural Session, Panel

Discussion session, Two Technical Session And the Valedictory Session.

The inaugural ceremony of the one day national seminar on “surrogacy the Reproductive

Technology: socio-legal & ethical perspectives” commenced with the lighting of lamp & floral

tribute by a group of degnitaries- chief guest Prof. Mehrajuddin Mir (VC, Central University

Kashmir), Prof. S.K. Bhatnagar (Dean, SLS, BBAU), Prof. Priti Saxena (Head, DHR,

BBAU),Prof Sudarshan Verma (Head, DL, BBAU), Prof. DK Srivastava (Law school, BHU).

The program was followed by Kul- Geet of University.

Prof. Sudarshan Verma formally welcomed all the dignitaries present of the dais and

participants from various Universities. She mentioned about socio – legal ethical issues

on surrogacy AND mentioned that how foreigner hire a womb of poor woman for child.

Dr. Sufiya Ahmed gave introduction about the theme of seminar, said about infertility

and incapacity of men & women and mentioned that surrogacy is high-tech child in

Rented womb, followed with existing legal regimes & case laws and also said that, it is

not restricted to medical only but socio-legal, ethical controversies too.

Dr. Preeti Mishra gave introduction of Guests, by bio-data, of our chief guest, Prof.

Mehrajuddin Mir & key-note seaker Prof. D.K. Srivastava.

Prof. D.K. Srivastava gave key note speech, in which he mentioned that how surrogacy is

commercialized & became industry; he mentioned that there is no legislation is regulate

surrogacy, but there is a guideline which is binding or not is doubtful & very precisely,

gave comparative study/ keynote of existing guideline i.e. ART & surrogacy regulation

bill 2016.

In her address, Prof. Priti Saxena, mentioned the need of surrogacy with existing case

laws, & ethical-legal aspects of surrogacy & talked about the status of commercial

surrogacy in different countries.

In this address, Pof. S.K. Bhatnagar, mentioned women’s personal sights, & criticized the

surrogacy Regulation Bill 2016, but also appreciate its few points such as single

men/women is not allowed for surrogacy & age limitation & strongly opposed the “close

relative’ concept in SRB- 2016.

In his address, our chief guest Prof. Mehrajuddin Mir mentioned the emotion of women

with child, talked about Anand Hospital, Gujrat; analyzed the Surrogacy Regulation Bill

2016; mentioned, not only legal but moral & ethical issues too; He supported some point

of Surrogacy Regulation Bill- 2016, Such as the registration of surrogacy clinic, parents

etc; to maintain record since 25 year, the circumstances faced by surrogate mother.

In his Presidential Remarks Hon’ble Vice Chancellor mentioned that infertility may be by

any reason, surrogacy comes as a solution for it & Technology plays & very important

role, but the main problem is misuses of that technology i.e. commercialized of it he also

explained ethical aspects of surrogacy the scientific procedure of surrogacy & Bio-

Technological aspect of ART.

In the end, Dr. Anis Ahmad, offered a vote of thanks to all.

After that, the panel discussion was started. The panelist of this session were Prof.

Rakesh Chandra, Prof, Mandakini Pradhan, Prof. D. K. Srivastava, Prof. anuradha

Bannerji, Shams Khwaja and Prof. M.Y.khan,

I feel pleasure to announce that more than 120 research papers have been received by me

which cover almost all the concerned sub themes.

The first technical session of the seminar started at sharp 2:30 p.m. with the plenary

lecture of Dr M. P. Verma from Meerut College on the topic “ART and Surrogacy

Arrangement: Some Human Right Concern”.

This first technical session was chaired by Prof Rakesh Singh, Dean, Faculty of Law,

University of Lucknow and co-chaired by Dr. M. P. Verma, Department of Law, Meerut

College, Meerut. The theme of technical session was “Issues related to Surrogacy and

Fertility Tourism”. 48 research papers were presented by the participants in this session

which were related to very serious issues on surrogacy few were very good on topics like

– “The Socio-Legal challenges of Surrogacy” , “Legality of Surrogacy in India” ,

“Motherhood, Reproduction and Surrogacy: A Feminist Perspective” , “Surrogacy and

Statelessness” , “Surrogacy Bill 2016 and Its Critical Analysis” , “Regulation Around

The Womb: Dilemma of Commercial And Altruistic Surrogacy” , “Surrogate

Motherhood: An Analysis from Kant’s Philosophy” , “Rights of the Parties involved in

Surrogacy Agreement” , “Surrogacy and Child Rights: On Other Side Of Wall”,

Surrogacy: A Feminist Analysis Medicalisation, Commodification and Technological

colonization of the Female Body” , “Fertility tourism seeking Surrogacy in India” and

“Surrogacy Transaction: A Perspective on the Constitutional and Contractual Aspects”

etc.

The second technical session of the seminar also ran parallel to the first session on the

theme “Surrogacy Regulation Bill 2016:Critical Analysis” and the session was

chaired by Prof. Preeti Saxena, Head Department of Human Rights, BBAU, Lucknow

and co-chaired by DR. Preeti Mishra, Associate. Prof., DHR, BBAU Lucknow. In this

session 47 research papers were presented by Professors, Research scholars and students

of various renowned Universities and Colleges on the topics as follows:-The Surrogacy

Regulation Bill 2016 And its Critical Analysis, The Surrogacy(Regulation) Bill

2016:India Trying To Turn The Clock Back, Reproductive Right of Women And

Surrogacy in India, Surrogacy :Exploring The Myriad Biological And Ethical Quandaries

Centripital To The Phenomenon, The High Tech Child in Rented womb: Reproductive

Technology And Legal Development In India, Effect of Surrogacy Bill on Medical

Tourism in India, Surrogacy and Surrogate Motherhood, Legislation and the Role of The

Judiciary: Bridging the Gap Between Regulation And Social Practise in the Context of

Surrogacy, Surrogacy : Kharid-Farokht of Vatsalya , Surrogacy : exploitation of one

mother for the desire of another &, Surrogacy: A Legal Perspective Admist Cacophony

of Voice etc.

The young teachers and research scholars have shown keen interest in deep and intensive

research on the topic. They have intended very convincing suggestions. These all will be

sent to concerned authorities of government of India. Some of these suggestions are-

1. Immediate passing of ART bill so that the entire phenomena may be regulated.

2. The needy persons who carry stigma of infertility should be allowed to avail surrogacy.

3. Sex selection should be strictly prohibited.

4. Many scholars have expressed their view against commercialization of surrogacy.

5. There are many specific suggestions regarding amendment of newly drafted Surrogacy

Regulation Bill 2016.

The surrogacy is leading too many serious issues which include human

trafficking, health problems and exploitation of surrogate mothers and children. That’s why an

efficient legislation is urgently required which may deal with the various issues involved in

surrogacy arrangement. I am confident that this One Day National Seminar will be proved to be

useful and helpful in formulating healthy ART & surrogacy Legislation in India. Once again I

appreciate and congratulate you all.

The valedictory session was started 5:00 PM wherein the chief guest of the session

Hon’ble Justice Vijaya Laxmi, Allahabad High Court has discussed in her address the

cases laws relating to surrogacy. Valedictory address was delivered by prof. S. P. Garg.

Last but not the least I feel very happy to announce that the organizers have planned to

publish a book on surrogacy. All the quality research papers will be soon published in the

form of a book with ISBN.

Thank you very much

Organising Secretary

Dr. Sufiya Ahmed