Legal or ethical - Who is mother of the child? - Page 4

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firewings_diya thumbnail

Team Abhimanyu (Gen 3)

Posted: 7 months ago
#31

Originally posted by: MsWhiskerson

Surrogacy is actually something I don't support, especially in India, where women are conditioned to sacrifice themselves for family.

Like we had to ban sex determination, it is unique to Indian setting because of our socio-cultural dynamics, we can't adapt western practices as it is. Surrogacy is primarily a form of exploitation of women who don't gain anything out of it and we are still a country which has government schemes for regulating maternal mortality rates


I am strictly against a practice like surrogacy in India but wo alag hi discussion hai 😂

yes actually in Ruhi's case ruhi agreed to become surrogate but in reality the woman may not have a choice.

In abhira's case since ruhi agreed to become surrogate the child belongs to both. Neither ruhi nor abhira has more rights on child considering even father does not delivary pain but we can not nullfiy his role in the child. Similarly if abhira can not give birth opting for surrogacy and surrogate agreed for it then both need to understand that it's difficult for both of them to get rid of attachments.

nutmeg7 thumbnail
Posted: 7 months ago
#32

Ruhi knows she is risking her life, body and knowing all that she made a contract naa. Yes, attachment will be there she is still not the mother.

Infact, the contract which Rohit and Ruhi made clearly states Abhira and Armaan as parents. And confusion naa ho audience ko, is liye they even had a scene where Abhira explains surrogacy (woh scene ke dialogues were smiley39)

Btw surrogacy clauses clearly states that surrogate mother has to give the child to “intended parents.” Or else the parents can sue the surrogate. Yeh sab show related hai.

Now, if you feel Ruhi has more rights, that is your opinion but they have cleared that Armaan and Abhira are the only parents.

Also, legality of surrogacy is a different topic 😅

firewings_diya thumbnail

Team Abhimanyu (Gen 3)

Posted: 7 months ago
#33

Originally posted by: nutmeg7

Ruhi knows she is risking her life, body and knowing all that she made a contract naa. Yes, attachment will be there she is still not the mother.

Infact, the contract which Rohit and Ruhi made clearly states Abhira and Armaan as parents. And confusion naa ho audience ko, is liye they even had a scene where Abhira explains surrogacy (woh scene ke dialogues were smiley39)

Btw surrogacy clauses clearly states that surrogate mother has to give the child to “intended parents.” Or else the parents can sue the surrogate. Yeh sab show related hai.

Now, if you feel Ruhi has more rights, that is your opinion but they have cleared that Armaan and Abhira are the only parents.

Also, legality of surrogacy is a different topic 😅

yes i mentioned in first post that legally child belongs to abhira. In my second post i have mentioned we can't deny roles of both the woman in child's life. Ruhi who ensured that child will be delivered safely by taking all pain and abhir who would be taking care of the child post delivery. So both have importance in child's life.

Abhira can choose someone else as surrogate and get a baby. Ruhi can abort her baby and give abhira nothing. Both can be possible. But currently both are phoolon ka taron ka sabka kehna hai ek hazaron main meri behna hai kind of situation.toh manage kar rahe hai. But iska asar aage kya hoga ye dekhna padhega smiley36

Sera-high123 thumbnail

Team Phufasa

Posted: 7 months ago
#34

Legally and biologically, the child belongs to Armaan and Abhira. Ethically, there may be a debate on several aspects, and people will always have differing opinions.

Abhira and Armaan did not force Ruhi to become the surrogate. She chose to do it of her own free will. Based on Ruhi’s character in the show, she is an adult who has consistently made her own decisions and spoken up when needed. So, if she had wanted to refuse to be the surrogate, she could have, and that would have been entirely within her rights.

Ethically, Abhira and Armaan have done nothing wrong. Legally and biologically, the child is theirs, and ethically, they are in the right as well.

There is no doubt that Ruhi is doing a huge favor by being the surrogate.

But by legal and biological right, the child belongs only to Armaan and Abhira. Ruhi may naturally feel emotionally attached, but the legal and parental rights lie with the intended parents.

If we start saying that only the person who delivers the baby should have the rights, then by that logic, no man in the world would ever have parental rights only the woman who gave birth would. That’s not how parenthood is defined.

The reason commercial surrogacy is banned in India is due to its misuse, not because it is inherently unethical. There are laws that clearly define who can act as a surrogate, not just anyone is allowed to do it. Even in altruistic surrogacy, The intended parents also have legal obligations, such as ensuring the surrogate receives appropriate medical care and support.

Edited by Sera-high123 - 7 months ago
Sera-high123 thumbnail

Team Phufasa

Posted: 7 months ago
#35

Originally posted by: firewings_diya

yes i mentioned in first post that legally child belongs to abhira. In my second post i have mentioned we can't deny roles of both the woman in child's life. Ruhi who ensured that child will be delivered safely by taking all pain and abhir who would be taking care of the child post delivery. So both have importance in child's life.

Abhira can choose someone else as surrogate and get a baby. Ruhi can abort her baby and give abhira nothing. Both can be possible. But currently both are phoolon ka taron ka sabka kehna hai ek hazaron main meri behna hai kind of situation.toh manage kar rahe hai. But iska asar aage kya hoga ye dekhna padhega smiley36

Ruhi cannot abort the baby unless she has a medical condition which makes it difficult for her to deliver the child. A surrogate may face legal proceedings against them if they abort the child without any reason.

firewings_diya thumbnail

Team Abhimanyu (Gen 3)

Posted: 7 months ago
#36

Originally posted by: Sera-high123

Ruhi cannot abort the baby unless she has a medical condition which makes it difficult for her to deliver the child. A surrogate may face legal proceedings against them if they abort the child without any reason.

I don't know much about surrogacy contracts but I am assuming she can get certificate from doctor that she is not mentally fit to deliver a baby considering her husband died. Her child also has single parent now. When she opted for surrogacy situation was completely different.

And even court may give her the right to abort in such situations as she herself is not in a situation to deliver a baby and considering well being of her kid that decision is correct.

Sera-high123 thumbnail

Team Phufasa

Posted: 7 months ago
#37

Originally posted by: firewings_diya

I don't know much about surrogacy contracts but I am assuming she can get certificate from doctor that she is not mentally fit to deliver a baby considering her husband died. Her child also has single parent now. When she opted for surrogacy situation was completely different.

And even court may give her the right to abort in such situations as she herself is not in a situation to deliver a baby and considering well being of her kid that decision is correct.

She is well within her rights to do that. She can get a certificate that she's isn't fit to continue the surrogacy but there is again certain process that she has to follow. She just can't decide that she doesn't want to continue the surrogacy without any reason and without a genuine certificate.

Edited by Sera-high123 - 7 months ago
Posted: 7 months ago
#38

Originally posted by: MsWhiskerson

Who is the mother of the child?

- The woman who carries the baby for 9 months, bears the pain, and gives birth?

- Or the woman who donated the egg?


Legally: The mother is usually the intended mother - the one who enters into a surrogacy agreement and gains parental rights through law.

Biologically: She is the mother


Ethically/emotionally: Many feel the surrogate mother deserves more recognition for her role, sacrifice, and emotional journey.

The surrogate mother goes through a journey that’s more than physical. She takes medications, undergoes medical procedures, and faces emotional highs and lows, all while knowing the child growing inside her will be handed over at birth. She may form a bond with the baby, feel protective, and even face judgment from society, yet she often disappears from the narrative once the child is born.

She sacrifices her body, risks her health, and endures labor, without long-term support.

Does biology, paperwork, or emotional labor define motherhood?

What do you think?

Is motherhood earned by DNA, by law, or by love and sacrifice?

Child belongs to Armaan and Abhira legally, ethically, morally. Both Armaan and Abhira will have to be eternally grateful to Ruhi for carrying and bringing their child safely into the world. That said, Ruhi is doing this out of her free will. She and Rohit brought up this topic on their own and just like anyone else, she has the free-will to terminate if this is difficult for her at this stage. Abhira and Armaan will need to acknowledge her role in the child’s life as a maasi, family member and Ruhi will need to set her boundaries differently for Daksh and this new baby. Pregnancy (out of free will) is not a torture, is not and cannot be equated to rape or any other form of torture. Its hugely emotional and physically taxing on woman’s bodies but if it doesn’t supersede the reason for the pregnancy in the first place, it is beautiful experience.
Edited by Ambajee - 7 months ago
nutmeg7 thumbnail
Posted: 7 months ago
#39

Importance dono ka rahega but the child legally and biologically belongs to Abhira only.

Now the problem will be Ruhi will get attached to the child and then kaand will start smiley36

The_Best thumbnail
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Team Neutrals

Posted: 7 months ago
#40

Originally posted by: MsWhiskerson

Surrogacy is actually something I don't support, especially in India, where women are conditioned to sacrifice themselves for family.

Like we had to ban sex determination, it is unique to Indian setting because of our socio-cultural dynamics, we can't adapt western practices as it is. Surrogacy is primarily a form of exploitation of women who don't gain anything out of it and we are still a country which has government schemes for regulating maternal mortality rates


I am strictly against a practice like surrogacy in India but wo alag hi discussion hai 😂

Surrogacy is exploitative in most parts of the world where it’s practiced. There are even poor African girls who are exploited to carry baby and risk their lives for mere $500-$1000 for people abroad who come to Africa for specifically this reason. That’s why there’s a huge section of feminists who are extremely against the practice of surrogacy and want to ban it worldwide. https://x.com/ulxma/status/1905001359289532585?s=46&t=Iip_qAKKvX1x0vBPTtQzyQ
Edited by The_Best - 7 months ago

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