Factual Nature The most prominent difference between surrogacy and

Differences between Prostitution and Surrogacy.


potential harms of prostitution are much more than that of the harms of the
surrogacy. First, an agency is approached by the female who expresses her
interest in becoming a surrogate are not generally solicited in face to face
transaction. Furthermore, the need of intercourse is not present with a man in
order to carry out their agreement. It is possible that there is an involvement
of only two women and the transaction is not one that only involves one man and
one woman. Moreover, there are no incidents reported of women being abducted or
enticed to work as surrogates. A surrogacy arrangement is performed as much for
a man as for a woman even if in a partial surrogacy the name of the woman
recipient may be absent from the contract.

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key differences for the better conceptualization of the difference between
prostitution and surrogacy are mentioned below: –


1.     Delinquent
and Indictable Nature

most prominent difference between surrogacy and prostitution is that the latter
can be said as the sale of sexual services which is chargeable is held to be
unethical, soliciting and immoral and offering it is legally prohibited in many
areas around the world, for instance, in India it is a punishable offence under
the Indian Penal Code as well as under the Suppression of Immoral Traffic in
Women and Girls Act. On the other hand, surrogacy can be defined as an act of
substitution of gestation and consequent child bearing without any sexual
intercourse involving the surrogate, is neither held as a fraudulent act nor a
felonious offence.

we have read earlier that surrogacy has two forms namely altruistic and
commercial surrogacy.

of the infertile couple is held as a charitable act and is legitimate or
sanctioned in almost all legal jurisdictions. This practice is known as
altruistic surrogacy. Many instances of surrogacy of this nature is mentioned
in the Old Testament of Bible as well as in other Hindu epics such as
Mahabharat which has been bestowed with reverence and social acceptance.

situation is very different in the case of latter, as the commercial surrogacy
is held illegal in most of the legal jurisdictions as enumerating instances can
be referred in Asian or European Nations.

surrogacy is not per se not necessarily illegal, unlike prostitution.


2.     Impetus and

of surrogacy with prostitution can be based on its respective motives or
purposes behind the same. The main aim behind surrogacy is the birth of an
infant which leads to formation of family of an infertile couple who otherwise
would not be able have a child. Thus, surrogacy may be beneficial to both the
individuals and the society whereas the main objective of prostitution is
temporary physical pleasure or sexual gratification. Surrogacy may be
highlighted as a small component in the society where the ends justify the
means owing to its very laudable and noble objective.


3.      Potential and Incidental Harms

embryonic harms exist which are incidental to prostitution owing to the
involvement of sexual intercourse with a man is lacking in the case of
surrogacy. It can be said that in prostitution, there is a vast scope of trafficking,
kidnapping or selling of minor girls, forcible abduction and even subjecting
these girls for other such criminal acts. These risks are more imminent in
prostitution than in surrogacy.





of the common shared ground of bodily exploitation of women couple with the
common motive of commercial gain, the analogy between prostitution and
commercial surrogacy cannot be refuted.

form different legal and human right advocacy groups are present highlighting
them to be stigmatized or unethical among the others.

is a notable fact that prostitution and surrogacy are different in practice and
effect. Surrogacy has become a vital component in the society as it leads to
family formation and fulfillment of right to life, right to privacy which
brings welfare for the family and individual thereby providing greater good for
the society. One can definitely argue that surrogacy is not a criminal or
punishable act like prostitution.

the possibility of lurking crimes of human trafficking and the inconsistency
with the established human rights standards is somehow the common legal issue
between the two.

Thus, there
is a need to address the same through necessary amendment and legalization
whereby the differentiation is well established as well as the positive aspects
of surrogacy are further emphasized.