Legal Framework in Bangladesh
When you look into the legal framework of surrogacy in Bangladesh, it can seem confusing. As we’ve already mentioned, fertility treatments like IVF are allowed as there isn’t a specific law to regulate or prevent anyone from participating in surrogacy. Understandably, it leaves intended parents and surrogate mothers with uncertainty and without legal or formal protection, or guidance meaning navigating the process becomes risky, with no clear rules on parental rights, enforceable contracts, or access to legal remedies. It doesn’t just create confusion for families and clinics when there are no clear rules, but it also opens doors to the ethical concerns, exploitation risks, and the potential legal complications, especially for international or cross-border cases. Some children can be left stateless or without legal parents. In this section, we will look at the challenges that come with the lack of regulation and the broader implications for surrogacy in Bangladesh.
Current Legal Status of Surrogacy
As we know, surrogacy in Bangladesh is not covered by any official laws, this lack of clear rules makes it difficult for anyone thinking about surrogacy in Bangladesh to understand or know what steps to take.
Even though IVF is permitted and actioned in approved clinics, using a surrogate mother isn’t protected by the law. Any surrogate arrangements and signed agreements made in Bangladesh can’t be forced through the courts. Additionally, there is no official way to change the legal parentage or obtain a birth certificate for intended parents.
The local clinics that exist in Bangladesh are unlikely to offer surrogacy services directly because of the confusion surrounding the legal status. People who want to use surrogacy in this country are likely to face large risks with factors like proving they are the parents, and obtaining citizenship for the baby, additionally, it can be difficult managing the medical issues. Once the laws are made clear in Bangladesh, there would be a reduced risk from a legal point of view.
Challenges in Surrogacy Law
The challenges in the surrogacy law in Bangladesh relate to legal and ethical problems. One challenge that can be experienced is without having a strong legal agreement, people who want to have a child through surrogacy may not feel comfortable with understanding their rights, especially if the surrogate changes her mind or experiences health problems. Courts do not have a plain understanding or clear way to handle any surrogacy situations correctly.
Another challenge that can be faced is surrogate mothers in Bangladesh do not have the proper legal protection due to no set rules about their health care, pay, or support. This opens up the chance of a surrogate mother being targeted and treated unfairly or receiving poor medical care.
On top of this, if clinics, agencies, or doctors assist with surrogacy in a legal grey area location they could be making their work less safe or transparent due to the lack of rules, some may choose not to proceed with helping in surrogacy.
Finally, the social and religious reasons behind surrogacy can make people hesitant in being supportive towards surrogacy.
Lack of Legislative Clarity
As we know, Bangladesh has not introduced a dedicated legal framework to regulate surrogacy causing intended parents or surrogate mothers to be in a vulnerable position. Because of the absence of a regulation or law for surrogacy, it becomes concerning in how people will establish their parental custody rights, how they will transfer the legal parentage from the surrogate mother to intended parents, or how the surrogacy agreements will be enforced in the courts.
The legislative clarity is lacking which means the medical wellbeing or financial security of the surrogate mother is not regulated throughout the pregnancy. Therefore, surrogacy arrangements rely on informal agreements, these can fall apart easily if there are disputes later in the journey. The other factors to consider with informal agreements are intended parents can struggle to register themselves as the baby’s legal parents, whilst surrogate mothers may not receive fair compensation, acceptable healthcare, or legal support. If people choose this route, they can face serious legal, ethical, and medical risks, and it is not advisable to proceed.
When or if a clear legal regulation or law is introduced, surrogacy in Bangladesh will become clear and will no longer operate in a legal grey area that gives everyone emotional, financial or legal risks.
Ethical and Religious Concerns
As the legal framework is lacking in Bangladesh it also raises ethical and religious questions. There are critics that argue it challenges the traditional family value and may be seen as commodifying reproduction. This influences public hesitation and puts doubt in lawmakers from legalising surrogacy.
In Bangladesh, the traditional family structures and cultural norms are valued in the country, and causes debates surrounding the ethical and religious values within the country. The same critics mentioned earlier usually argue surrogacy undermines these values by allowing a third party to be involved in the surrogacy journey as it can be seen as disrupting the natural order of parenthood.
One of the main ethical concerns in countries like these is that surrogacy commodifies a woman and turns pregnancy and childbirth into a financial transaction. When surrogacy is viewed like this, surrogate mothers will be treated as less of a person and more as an object, even more so when compensation is offered and included. Consent, dignity, and exploitation become an increasing concern in this circumstance, especially when women come from a lower-income background.
The religious perspective in the country also plays a role in surrogacy as Bangladesh is a Muslim-majority country who follow Islamic teachings and the teachings do not allow or encourage third-party reproduction, which includes surrogacy. These types of concerns have made religious scholars cautious or against surrogacy.
When the ethical and religious considerations are joined together, it influences the public discomfort, in turn, this creates a stigma around surrogacy for families who are thinking about choosing surrogacy or women who are thinking about becoming a surrogate. This is another reason why lawmakers are not willing to recognise or regulate surrogacy in Bangladesh.
Exploitation Risks
Without the legal regulation or rules for surrogate mothers in Bangladesh, it raises the risk of a woman being exploited. When there aren’t any binding laws, it prevents there being a formal commitment for surrogates to receive a guaranteed fair compensation, acceptable medical care, or psychological support. This lack of protection leaves women who have economically disadvantaged backgrounds exposed to serious vulnerabilities.
It isn’t unheard of where women are pressured or coerced into being a surrogate, it is usually when they are experiencing a sort of desperation surrounding their finances. When women are not informed fully about the physical, emotional, or legal implications of the surrogacy process, it can leave an absence of oversight meaning mechanisms are unavailable to ensure informed consent, or medical standards are unsafe.
Furthermore, surrogate mothers may be left without the correct postnatal care when the baby is delivered, or underpaid. In extreme cases, if there are complications or a dispute arises between the intended parents and the surrogate, the surrogate mother will not have a legal right or support system to turn to. It creates an imbalance relating to power where women’s health and welfare can be overlooked in favour of meeting the needs of others.
In the end, without the correct legislation to safeguard the surrogate mothers, there is a risk they can be treated as a vessel instead of an individual who has dignity and needs of their own.
Cross-Border Complexities
Some Bangladeshi couples find themselves looking into international surrogacy due to the legal uncertainty in their country. Some intended parents choose to look into other locations where the surrogacy process is clearly regulated. This can seem safer and a more structured option, however, international surrogacy can bring its own set of legal and logistic challenges, many of which can be difficult to navigate.
One of the most concerning issues that people ask is the citizenship and legal parentage in surrogacy. When a baby is born in another country through surrogacy, securing the baby’s legal status and nationality can be complicated or takes a lot of time to secure. Intended parents can face issues with obtaining travel documents or passports for the child in Bangladesh. If the Bangladeshi authorities do not recognise the surrogacy arrangement or the legal transfer of parentage from the surrogate mother, this will cause a number of issues for the intended parents and it is advised to obtain legal advice prior to going down this path in another country.
You may already know that other countries have strict regulations as to who can access the surrogacy services for foreign nationals. The types of requirements in surrogacy can be factors like the residency of people, their marital status, and even their sexual orientation which can potentially prevent individuals or couples from participating in the international surrogacy programmes for Bangladeshi intended parents. A surrogacy arrangement can be successful in another country, but upon returning to Bangladesh with a baby, it can cause further complications. Therefore, reuniting with the family can be delayed as legal authorities refuse to recognise the intended parents legally, especially if there isn’t any DNA proof, a court order, or clear legal framework that supports cross-border surrogacy.
As you can see, there are many factors that can make international surrogacy complex for Bangladeshi citizens, as it is sometimes more expensive, and even very emotional for the intended parents. In the countries where surrogacy seems to be structured legally, it shouldn’t be seen as a straightforward option and legal experts should be consulted before you begin the process to make sure you are informed fully and prepared for the journey.
