Thepotential harms of prostitution are much more than that of the harms of thesurrogacy. First, an agency is approached by the female who expresses herinterest in becoming a surrogate are not generally solicited in face to facetransaction. Furthermore, the need of intercourse is not present with a man inorder to carry out their agreement. It is possible that there is an involvementof only two women and the transaction is not one that only involves one man andone woman. Moreover, there are no incidents reported of women being abducted orenticed to work as surrogates. A surrogacy arrangement is performed as much fora man as for a woman even if in a partial surrogacy the name of the woman recipientmay be absent from the contract. Certainkey differences for the better conceptualization of the difference betweenprostitution and surrogacy are mentioned below: – 1.
Delinquentand Indictable NatureThemost prominent difference between surrogacy and prostitution is that the lattercan be said as the sale of sexual services which is chargeable is held to beunethical, soliciting and immoral and offering it is legally prohibited in manyareas around the world, for instance, in India it is a punishable offence underthe Indian Penal Code as well as under the Suppression of Immoral Traffic in Womenand Girls Act. On the other hand, surrogacy can be defined as an act ofsubstitution of gestation and consequent child bearing without any sexualintercourse involving the surrogate, is neither held as a fraudulent act nor a feloniousoffence.Aswe have read earlier that surrogacy has two forms namely altruistic andcommercial surrogacy.Helpingof the infertile couple is held as a charitable act and is legitimate orsanctioned in almost all legal jurisdictions. This practice is known asaltruistic surrogacy. Many instances of surrogacy of this nature is mentionedin the Old Testament of Bible as well as in other Hindu epics such asMahabharat which has been bestowed with reverence and social acceptance.
Thesituation is very different in the case of latter, as the commercial surrogacyis held illegal in most of the legal jurisdictions as enumerating instances canbe referred in Asian or European Nations.Thus,surrogacy is not per se not necessarily illegal, unlike prostitution.