ANALYSIS OF THE RIGHT TO SILENT UNBORN CHILD By - SHAASHWAT SHARMA
ANALYSIS
OF THE RIGHT TO SILENT UNBORN CHILD
Authored By
- SHAASHWAT SHARMA
IPL02046
Term I,
Section A
Indian
Institute Of Management Rohtak, Haryana
TABLE OF CONTENTS
Objectives of report...........................................................................................................................
Chapter – 1
Landscapes of surrogacy in India..................................................................................
Chapter – 2 Legal Perspective of Surrogacy…...................................................................................
Chapter – 3 Analysis of the
Surrogacy(Regulation) Bill, 2016….....................................................
Conclusions........................................................................................................................................
CERTIFICATE OF ORIGINALITY
This serves as confirmation that Mr.
Shaashwat Sharma, Roll No. IPL02046, a student in Section A of the Integrated Program in Law at the
Indian Institute of Management Rohtak, has completed the research for the project work titled “ Surrogacy: Analysis of the right
to silent unborn
child”
INTRODUCTION
Every woman treasures
the mothering experience since nature has endowed her with the lovely ability
to generate a child. Unfortunately, some women cannot have children
because of specific medical issues.
They look for other options in their quest for motherhood, and surrogacy
emerges as the most practical one.
A woman voluntarily accepts to become pregnant and give birth to another person
as part of the surrogacy process.
Surrogacy has established itself as a reliable way for infertile families to have a baby. According to ICMR’s guidelines in 2005, surrogacy
is a method of supporting people who are unable
to conceive naturally. Surrogacy's rapid expansion
in recent years has garnered a lot of attention
and raised various
issues related to human rights,
children's rights, and surrogate mothers'
rights. One of the most prevalent medical disorders, infertility affects
15% of all couples globally, according
to estimates. The two main factors that influence women's decisions to become
surrogate moms are poverty and human
kindness, both of which might lead to physical and emotional health issues for the surrogate mother. Many
nations are turning to surrogacy as a booming business to increase income and get through tough
times. For human rights law and policy, surrogacy raises challenging issues. This study offers a critical review of how
surrogacy is now governed by Indian domestic
and international law, namely the UN Convention on the Rights of the Child.
Unregulated surrogacy currently
results in egregious human rights violations. The majority of surrogate mothers in India receive payment in nine-month
instalments on average. They frequently receive no payment if they are unable to get pregnant, and
if they miscarry, they occasionally lose some of their fee. Surrogacy appears to have been used
historically by a variety of cultural groups, but it has only recently
grown to be a major social problem
that raises ethical,
social, legal, and psychological issues.
Legal lapses occasionally permit extortion and other criminals to target
surrogate mothers as victims in addition to moral and ethical disagreements around surrogacy.
REVIEW OF LITERATURE
1.
Commercial
Surrogate Motherhood and the Alleged Commodification of Children: A Defense of Legally Enforceable Contracts,
McLachlan, Hugh V.; Swales, J. Kim, Law and Contemporary Problems,2009 (Page No.
17-18)
Despite the loud and widespread resistance to
them, commercial surrogate-motherhood contracts should be legally
binding. Here, we will make the case that they neither involve
the commodification of
children nor run counter to their best interests. Elizabeth Anderson, possibly
the most vociferous, eloquent, and well-known opponent
of what is usually referred
to as "contract pregnancy" or commercial surrogate
motherhood, criticised earlier
defences of the practice, prompting us to respond
with our argument.
2.
Wombs in Labor: Transnational Commercial Surrogacy in India. Amrita Pande. Columbia
University Press. 2014.
The author summarises the interviews with "52 surrogates, their husbands and
in-laws, twelve intending parents,
three doctors, three surrogacy brokers, three hostel matrons, and several
nurses" and adds participant
observation to the study, which is an intimate analysis of the lives sustained
by this trade. Amrita
Pande explores the complexity of its power,
the absurdity of a booming
reproductive industry
in a historically anti-natal state,
and the use of religion
to support surrogacy. She also provides
her opinion on the recently put out surrogacy law in India. She argues
for enhanced surrogate rights protection
by imagining a global fair-trade surrogacy model.
3.
Social,
ethical, medical & legal aspects of surrogacy: an Indian scenario, R. S.
Sharma Indian J Med Res. 2014 Nov; 140(Suppl 1): S13–S16.
The author analyses the Assisted Reproductive
Technology (Regulation) Bill, 2008, using the
social, ethical, and legal context of India to support the claim that it
calls for the creation of a National Board,
State Boards, and National Registry
of Assisted Reproductive Technology (ART) in India for the accreditation and
supervision of ART clinics and ART Banks, ensuring that the services provided by these
are morally upstanding.
4.
Surrogacy
and women’s right to health in India: Issues and perspective, Deep Inder & Nandini
Sharma (2013) Volume: 57
Issue: 2 Page: 65-70
The authors conclude that to safeguard and direct couples
looking into such possibilities, the government must seriously consider
passing legislation regulating surrogacy in India.
Couples will undoubtedly be misled and the surrogates
will be taken advantage of if there is no impenetrable legal framework.
5.
Mukherjee
S, Legal and Ethical issues of Commercial surrogacy: An Overview Human Reproduction Journal, Vol.22, No.2 pp. 260–276, 2016
Reaches the conclusion that the ability to
procreate is a basic human right. Surrogacy is the only method for overcoming social and biological disability. It
enables us to have kids on our own regardless
of marital status. He also comes to the conclusion that legalising gestational
surrogacy will protect the rights of
both the surrogate mother and the desperate parents who commission the procedure.
RATIONALE
This study is an attempt to understand the various
aspects of surrogacy through diverse perspectives relevant to Indian society. This study is very relevant
in the present scenario because
of the unregulated surrogacy in India; many women have to suffer
mental and physical problems arising from surrogacy. The mother and child's fundamental human rights are violated when surrogacy is not regulated.
STATEMENT
OF PROBLEM
It might be difficult to determine surrogacy in India, if the women
are acting in accordance with their legal rights or are being forced to do
so by their in-laws or spouse to meet their monetary needs. Surrogacy
detractors contend that because of its resemblance to prostitution, the
practice should be prohibited for moral reasons.
Surrogacy raises a number of legal, moral,
social, and ethical
difficulties and endangers
the mother’s and the child’s
human rights. The researcher has made an effort to evaluate the surrogacy problem that exists in India in this
study.
OBJECTIVES OF THE REPORT
The objectives of this project
are:
1.
To study surrogacy in the Indian scenario.
2.
To analyze the legal and ethical aspects of surrogacy.
3.
To study and analyze the Surrogacy (Regulation) Bill, 2016
Owing to advances in medical research, changes in
legislation, and changes in social norms, surrogacy
may now be seen as a more acceptable way to build a family for many infertile
and inadvertently childless people,
as some women cannot have their own children due to specific physiological concerns. Accepting
surrogacy in India will inevitably have negative consequences, including forced and commercial surrogacy. According to research, unregulated surrogacy in India,
which is only motivated by financial gain, will result in several crimes
and violations of human rights.
SOURCES OF THE STUDY
Both primary and secondary data sources have been cited
in the current study. Case law, statutes, rules,
and bills are all part of the fundamental source. The Internet, books,
journals, and articles are examples of secondary sources.
NATURE OF THE STUDY
The nature of this project’s study is doctrinal and primarily descriptive and analytical. This project is based mainly on primary data sources
such as cases and reports of committees. However, secondary & electronic sources of data have been referred to
a great extent. Books, case laws, journals
& other references, as guided by the faculty of Jurisprudence, are
primarily used to complete this project.
CONTRIBUTION OF THE STUDY
This research will examine the various legal
implementation strategies for surrogacy as well as the numerous surrogacy-related topics.
Initiating a conversation on surrogacy, a modern medical
advancement, is the goal of this endeavor. Additionally, it will cover
the key elements of surrogacy, such as human rights, commercial surrogacy, forced surrogacy, etc.
LIMITATION OF THE STUDY
Due to a paucity of time and resources, the author has
briefly dealt with surrogacy in the Indian scenario
and analyzed the Surrogacy (Regulation) bill 2016. Furthermore, analyse the
various aspect of Surrogacy from the Indian
perspective.
CHAPTER-1
LANDSCAPES OF SURROGACY IN INDIA
The 21st century has given infertile couples
worldwide a whole new range of options because of growing globalization and advancements in artificial reproduction procedures. Developed and developing
nations are framing different surrogacy laws. Though there are many
opportunities, there are also many ethical
and legal restrictions. Despite the abundance of choices, there
are a lot of moral and legal
limitations. Although surrogacy appears to have been used historically by a variety
of ethnic groups,
it has only lately become a serious
societal issue, offering
moral, social, legal, and psychological conundrums.1 A greater
number of infertile and inadvertently childless people may now view
surrogacy as a more acceptable way to establish a family as a consequence of
advances in medical technology,
changes in legislation, and changes in societal standards. The current
scenario, in which there is no
international regulation of surrogacy agreements and just a web of conflicting national laws that reduce protections for
both the surrogate and the commissioning spouse and create loopholes, has increased fears of exploitation and invasion of autonomy.
According to American Law Report2 ,a surrogacy
agreement includes the clauses below:
“..A contractual undertaking whereby the
natural or surrogate mother, for a fee, agrees to conceive a child through artificial insemination with the sperm of the natural
father, to bear and deliver the child to the natural
father, and to terminate all of her parental rights after the child’s birth.”
3 Additionally, the Black’s Law Dictionary4 categorises Traditional and gestational surrogacy are the
two types of surrogacy. Depending on
whether the surrogate earned payment for carrying the kid or giving it up, the situation
may be either commercial or charitable.
1 Eric Blyth
, Children's Welfare, Surrogacy and Social Work , The British Journal of Social
Work, Vol. 23, No. 3, pp. 259-275 (1993)
2 In Re Baby M,
(1988) N.J.77 A.L.R.4th 1.
4 Jyoti
Bhakare, Surrogacy- A Reality Eclipsed by Ethical, Social, Legal Issues-Indian
Perspectives, 2 INDIAN JOURNAL OF LAW
& JUSTICE 80 (2011) [hereinafter Surrogacy-A Reality Eclipsed by Ethical,
Social, Legal Issues-Indian Perspective]
According to the Indian
Council for Medical Research5, "Assistive Reproductive Technology (ART)" is defined as: “For the
purpose of these guidelines, ART would be taken to encompass all techniques that attempt to obtain a
pregnancy by manipulating the sperm or/and oocyte outside the body, and
transferring the gamete
or embryo into the uterus.”
The Supreme Court of
India6 has defined
surrogacy as: “a reproduction technique
in which a woman consents to conceive, carry to term, and
give birth to a kid whom she will not nurture but instead donate to a contracting party.”
Among other medically
assisted reproductive techniques, surrogacy is promoted
as a cure for infertility. It’s frequently portrayed as a kind of an altruistic gesture
aimed to give couples who cannot naturally produce kids the joy of
parenting.7 In surrogate-mother agreements, a lady agrees to bear a child for
a couple and deliver the child to them.8
Outsourcing pregnancy: India’s surrogacy
clinics
India is quickly becoming a market leader for
international surrogacy and a popular fertility tourism destination. Because they are relatively inexpensive, Indian
surrogates are becoming more and more common
among fertile couples in industrialised countries. In India, the idea of
surrogacy is not new. In India, the
business of “Womb for rent” or commercial surrogacy is expanding. In India, a
setting where English is spoken and less expensive
services draw in willing customers. The business opportunities range from opportunity to exploitation for surrogacy in future. From lifting rural Indian women out of poverty to the dystopian nightmare of creating a national
baby farm, can be a nightmare.9
The first successful delivery achieved through
gestational surrogacy was witnessed in 1984. This first occurred in India ten years later, in
Chennai. The number of births through surrogacy has increased over the last two years, with estimates
for 2008 ranging from 200 to 350. (Lal, 2008). As mentioned
5 Jyoti Bhaskar, Surrogacy- A Reality Eclipsed by Ethical, Social, Legal Issues-Indian Perspectives, 2 INDIAN JOURNAL OF LAW & JUSTICE 80 (2011) [hereinafter Surrogacy-A Reality Eclipsed by Ethical, Social, Legal Issues-Indian Perspective]
6 Baby Manji, supra
note 2.
8 Surrogacy:
For Love but Not for Money? Author(s): Sharyn Roach Anleu Source: Gender and
Society, Vol. 6, No. 1 (Mar., 1992), pp. 30-48 Published by: Sage
Publications, Inc.
9 Jadva V,
Murray C, Lycett E, MacCallum F, Golombok S. Surrogacy: The experiences of
surrogate mothers. Hum Reprod 2003;18:2196-204.
earlier, various connected variables have led to India
quickly becoming the most popular fertility tourism
destination (Smerdon, 2008). India has the potential to grow its medical
tourism industry, according
to research issued
in 2002 by the Confederation of Indian Industry
(CII). The Indian
Finance Minister at the
time, who desired India to become a global health destination, took note of
this. He proposed measures
to facilitate the medical tourism
business, such as infrastructure improvements, to encourage its development (Chinai & Goswami,
2007).10
In India, commercial surrogacy has been legal
since 2002. Surrogacy is quite affordable and well- regulated legally in India. The Supreme Court of India ruled in
Manji's case (Japanese Baby) in 2008 that commercial surrogacy is permissible in India with a request
to the Legislature to enact a sufficient Surrogacy Law. Currently, the Assisted Reproductive Technique
(ART) Clinics guidelines and the parties’ Surrogacy
Contract serve as the primary
governing documents. In India, commercial surrogacy has been legal since 2002. Surrogacy
is quite affordable and well-regulated legally
in India. The Supreme Court of India
ruled in Manji's
case (Japanese Baby)
in 2008 that commercial surrogacy is permissible in India with a request to the Legislature to
enact a sufficient Surrogacy Law.11 India's law commission examines the necessity for laws to control
clinics that utilise assisted reproductive technologies
as well as the rights and obligations of people who engage in surrogacy in its 228th Report. The law commission’s principal
findings are as follows: Contracts between the parties will continue to control surrogacy
arrangements, but they should not be done for profit. Both a surrogate mother’s and a donor’s
right to privacy
should be safeguarded. Surrogacy that is gender-specific ought
to be outlawed. Only the Medical Termination of Pregnancy Act of 1971
should apply to abortion cases.12
ogacy%22.
CHAPTER – 2
LEGAL PERSPECTIVE OF SURROGACY
To put it
mildly, the legal
framework around surrogacy
is convoluted. Surrogacy
legislation, which is distinct from other artificial
reproduction techniques, is still a relatively new phenomenon. The nations that have taken a position in
favour of or against the various surrogacy arrangements have done so on their own terms, with different results
that serve as examples. Due to a clash of national
laws, the taboo around payments, threats of exploitation, as well as
court cases and parental right disputes
after birth, inter-country surrogacy contracts are now unsustainable.13
Baby selling, the practice of parents giving
up their children
in exchange for money, is now illegal
globally. In addition, several nations have laws that restrict or forbid
paying intermediaries in connection
with the transfer of children (Field, 1990). Surrogacy has a legal foundation
and operates on the principles of
necessity and desire. Surrogacy is a “desire” of individuals who are otherwise unable to reproduce or conceive
a kid of their own, as well as a “necessity”
for individuals who lack the
financial means to support themselves without the use of accessible resources. Most countries restrict
marketing women who are interested in renting wombs and condemn the surrogacy business in order to protect women from
exploitation. There is an odd circumstance in India where surrogacy is not effectively controlled. This is due to the fact that it is unknown what the legal implications of a
surrogacy transaction are, making it neither lawful nor specifically against
the law.14
Does the right to privacy
include the liberty
to make reproductive decisions?
The Indian Constitution's Article 21 has been amended
to include "the
freedom to have reproductive
choices." In R. Rajagopal v. State
of Tamil Nadu, the Supreme Court 15, held that The
"right to privacy" is part of the "right to life." A
individual has the right to protect his or her
privacy as well as other matters like their family,
marriage, reproduction, motherhood,
13 Re X and Y
(Foreign Surrogacy) [2008], EWHC 3030 (Fam)., Re L (a minor) [2010], EWHC 3146
(Fam) , CW v NT [201 1] EWHC 33 (Fam) In the matter of N (a child) [2007] EWCA Civ 1053.
, Re IJ (a child)
[201 1] EWHC 921
(Fam). ,Re X (children) [201 1] EWHC 3147 (Fam)
14 Jan Balaz vs. Anand Municipality, AIR 2010 Guj 21 at 14.
15 R. Rajgopal v. State of Tamil Nadu, (1994) 6 SCC 632.
childbearing, and education. The Andhra Pradesh
High Court in B.K. Parthasarathy v. Government of Andhra Pradesh16 highlighted the importance of reproductive rights.
It supported a person's "right to reproductive
autonomy," which is a component of his right to privacy. The state's
involvement with or limits on procreation amount to a direct invasion
of one's privacy
when the idea of privacy
is extended to concerns of procreation.
Hence, even though the Supreme
Court in Javed v. State of Haryana17 It refrained from saying that the right to procreate is
not a basic human right and supported
the "two living children" rule to prevent someone from running in a Panchayati raj election.18
Law
Relating to Surrogate Mothering Abroad
In many foreign countries, the matter is regulated by legislation enacted
recently. Surrogacy (including commercial, fee-for-service surrogacy) is permitted in nearly
half of the states in the United States. Surrogacy laws have been adopted in several states.
Some other states
recognize surrogacy though
not expressly enacted. Few
states have declared surrogacy contracts void and unenforceable.19
Two outstanding Florida State laws
explicitly govern surrogacy. According to this law, a childless couple intending to engage in such a situation
must execute a contract with a surrogate authorising her to carry the intended father's biological
child. The surrogate consents to the engaged couple obtaining custody of and adopting
the kid when the baby is born20. In situations when there is no parental
genetic connection between
the surrogate and the kid, the intended parents are regarded as the child's
legal parents in California and Ohio.
Whether the surrogate has a genetic connection to the child's parents or not,
Arkansas acknowledges the intended
parents as the child's legal
parents.21
16 B.K. Parthasarthi v. Government of Andhra Pradesh,
AIR 2000 AP 156.
17 Javed v. State of Haryana,
(2003) 8 SCC 369.
18 Law Commission of India, 228th Report on Legislation to
Regulated Assisted Reproductive Technology Clinics as well As Rights and Obligations of Parties to a Surrogacy,
(Aug, 2009), http://lawcommissionofindia.nic.in/reports/report228.pdf
at 1.9. [hereinafter 228th Report of the Law Commission of India]
19 ‘Legal
overview o f surrogacy laws by States’. The American Surrogacy center.
Inc. (TASC), Marietta, G.A.
21 “Surrogate
Motherhood”: Current Status Source (Available at - www. geneletter.org/archives/surrogatestatus.html.)
CHAPTER – 3
ANALYSIS OF THE SURROGACY (REGULATION) BILL, 2016
The Surrogacy (Regulation) Bill 2016 was presented by the
government to restrict commercial surrogacy
in order to protect women and the rights of children born via surrogacy. If the
Bill is approved, it will offer a
comprehensive set of guidelines for surrogacy and result in more vigorous enforcement. Points of the Surrogacy
(Regulation) Bill 2016 are listed below.22
a.
The Bill states that the only Indian couples who can demonstrate that at least one of them has fertility-related issues
are those who have been married for at least five years.
b.
Only
blood relatives who are also close relatives will be permitted
to provide altruistic surrogacy to
qualified couples.
c.
The new
Bill completely outlaws
the practise of commercial surrogacy.
d.
Additionally, it prohibits gays,
cohabiting couples, and single people from choosing altruistic surrogacy. Foreigners—including Overseas Indians—can
no longer request surrogacy.
e.
Only for philanthropic causes may a
woman act as a surrogate mother; under no circumstances may she receive
compensation, however money
may be offered to cover
medical costs.
f.
Both
a central and state regulatory board for surrogacy
will be established.
g.
The law will apply to India, except for the states
of Jammu and Kashmir.
h.
Although surrogate mothers cannot be paid, surrogacy
facilities are permitted
to charge for the
services provided during the procedure.
i.
Violations of commercial surrogacy,
abandoning the surrogate child,
abusing the surrogate mother,
and importing or selling human
embryos have all been designated as crimes that are
each subject to a minimum ten-year prison sentence and a fine of up to Rs 10
lakh.
j.
The surrogate child will have the
same rights as a biological child.
The Bill,
if passed, will have a significant
impact on the parties involved in surrogacy23.
·
Whether
a male or a girl, a surrogate kid cannot be abandoned by parents.
·
All of a biological child's rights,
including the right
to property, are also granted
to a surrogate child.
·
The clinic or the parent
couple cannot mistreat
a surrogate mother.
The basis for banning commercial surrogacy is considerable, as it is to prevent
the exploitation of poor women.
SUGGESTIONS
Despite
the fact that surrogacy is promoted as a way for a close friend or family
member to support a loved one who is unable to carry a baby to term in their desire for a child, the vast majority
of surrogacy agreements are made between strangers. Even though the surrogate is the child's biological
mother, the majority of surrogates
and contracting couples perceive the surrogate pregnancy as a business transaction.24
One of the most challenging transactions the
legal system or the legal community has to deal with is surrogacy. To comprehend why this transaction is so complicated,
researchers in this field work very hard. Three
factors can be mentioned in
this context:
1.
The many concerns and parties involved in a surrogacy transaction.
2.
The lack
or unclear application of the legislation governing surrogacy.
3. Some restrictions in the current
system make it challenging for the parties
to enforce surrogacy
agreements.
(i)
This, however, also emphasises the
requirement for a thorough psychiatric assessment of the surrogate moms to lower the likelihood that surrogates may participate
into agreements only for empowerment-related
reasons. Psychological disengagement on the side of gestational mothers is implied by surrogacy. Both the mother and
the kid are impacted by detachment. The relationships formed between the mother and the unborn child throughout
pregnancy and their significance for the development
of the kid are being highlighted in an increasing number of medical and
psychological studies.
(ii)
Kimbrell (1988) asserts that the majority
of women who act as surrogates do so for financial gain.
Because of their precarious financial situations, the surrogate mothers
frequently are not aware of their legal rights. Horsburgh (1993) asserts
that after signing contracts promising to carry out clients' pregnancies, surrogates are subjected
to physical exploitation. To make matters
worse, the surrogates
23 Salient points of Surrogacy Bill, by IANS, http://economictimes.indiatimes.com/news/politics-and- nation/salient-points-of surrogacy-bill/articleshow/53847817.cms
24 Jon Bernardes, Responsibilities in Studying Postmodern Families, 14 J. FAM. ISSUES
35 (1993)
frequently receive only a
small portion of the initial payment if the pregnancy is in fact aborted. The contracts may also hold the mother liable
for risks including diseases brought on by pregnancy, decease, and
postpartum issues.
(iii)
In 1991,
France outlawed surrogacy, stating that "The
human body is not leased
out, is not hired,
and is not sold." Many people in India, on the other hand, hold a
different opinion and think that commercial
surrogacy has advantages because it generates rewards for both parties that
have the power to alter lives. Even
while it is accepted that some women face emotional difficulties when giving the baby to others or as a result
of their surroundings, these sentiments seem to subside in the weeks after the birth.25
(iv)
The commercialization of surrogacy has led to significant concern
in the contemporary era. With
time, the objective of surrogacy has changed from that to help infertile
couples to gain happiness to earning
a livelihood through this. Various countries have banned the practice of
surrogacy, which is too expensive for
others; with this, India becomes a very suitable option and provides a better
option for foreign nations to come here in search
of surrogate mothers,
so India should also frame the law to regulate surrogacy.
CONCLUSION
The 21st century has been recognized as the
Bio-Tech century. As a developing country and the western world, India is actively engaged
with Genetic Engineering, which has posed many challenges, including Medico-legal problems. Surrogacy leads to posing
various challenges related to legal and Ethical
issues. Any legal system or statute that creates laws for surrogacy must take
into account a number of aspects and
difficulties. These considerations cover social, ethical, moral, and natural dimensions. Some cases of human
trafficking and exploitation, such as surrogacy, have received less worldwide attention than others. Surrogacy
results in the exploitation of the surrogate mother and the offspring
and a parenting arrangement that is not in the child's best interests. We are
discovering that news reports
regarding shady surrogacy
rings are just the tip of the iceberg. When one is ready to look further, one might realise that even
surrogacy arrangements that appear consensual and driven by humanitarian intentions violate the mother's and child's basic dignity.
25 Jadva V,
Murray C, Lycett E, MacCallum F, Golombok S. Surrogacy: The experiences of
surrogate mothers. Hum Reprod 2003;18:2196-204 Available at - https://www.ncbi.nlm.nih.gov/pubmed/14507844
Surrogacy essentially transforms a woman's body into a
"bread oven," a resource to be utilised and taken care of while the "contract" is active and to be
abandoned once it has been completed. Surrogacy has already been drastically curtailed or outlawed in a few of nations. Surrogacy in India is only a contractual relationship between the partners, and any
such contract must be carefully drafted to ensure that it doesn't
go against the law or ethical principles. The only country
that only worships
female goddesses in beautifully designed temples is
undoubtedly India. But India's history of reproductive politics reveals
a profusion of rhetoric and regulations that deter impoverished women from having children..26
Endeavour to bring about legislation on surrogate mothering will be a boon to
childless couples, not only
solving their problems but also
the legal issues arising
out of Surrogate mothering.
26 Ankit Sourav Sahoo , Legality of Commercialisation of Surrogacy in India and Social Implications, Global Journal for Research Analysis Volume-4, Issue-7, July-2015 Available at - https://www.worldwidejournals.com/global-journal-for-research-analysis- GJRA/file.php?val=July_2015_1436858446 53.pdf
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Surrogacy- A Reality
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