The surrogacy (Regulation) Bill 2019

Abstract

Public Policy, as a domain, has the ability to bring about disruptive changes in society. Drafted usually by the legislature and enforced through the constitution, it aims to provide necessary discourse considered to be of importance in the overall welfare of the country and its citizens. However, if careful thought and consideration about various stakeholders are not put in during the drafting procedure, the policy can have unintended but far-reaching consequences on the very stakeholders it aims to protect. Laws that are drafted at any point in time can be primarily classified into two broadheads. The first kind is the one for which the effects of the legislation put in place can be seen immediately. Legislations related to smoking, traffic rules, etc. fall into this category. The second kind is the one for which the effects are not immediately visible, and it is only assumed that such legislation would prove to be beneficial in years to come. The legislations of the second kind are of extreme importance because they require a critical evaluation of “what possibly could be” rather than “what currently is”. Law regarding surrogacy falls into this category as it is important to have legislation in place that would ensure the protection of the rights of the surrogate and the child, from before a point when the child is born.