Surrogacy and Surrogate Mother’s Claim to Guardianship of Surrogate Child - BY Shrusti Mulgund
Surrogacy and Surrogate Mother’s Claim to Guardianship
of Surrogate Child
Authored By -
Shrusti Mulgund
Student in Symbiosis Law School
Hyderabad
Abstract
In the modern era, the inventions and
innovations in the medical science has made several miracles and surrogacy is
one of them. Surrogacy allows a couple who are unable to have a baby due to
infertility or any other medical complication through a surrogate, where a
surrogate mother carries a baby in her uterus until its birth and gives the
baby to the intending parents after its birth. This paper explains the
procedure of surrogacy and role of the surrogate & the intending parents.
It also sheds light on the types of surrogacy options available to the intending
parents based on genetic material and monetary compensation. Doctrinal research
methodology has been employed in this paper to carry out research with the help
of secondary data sources.
Many times, because of emotional
attachment to the baby, surrogate mother might want to keep the baby for
herself and refuse to handover the baby to intending parents. Surrogate’s claim
to guardianship of the surrogate child has been discussed in this paper.
Surrogacy has been criticized by many scholars because of the social, legal and
ethical issues that result from using a woman to produce babies. The researcher
has attempted to address these issues and how it affects the surrogate mother
and the child. Due to such issues, many countries have banned surrogacy;
surrogacy is legal in India, however in the recent developments, commercial
surrogacy has been banned in India. Several attempts have been made to regulate
surrogacy in India, that has also been looked into in the present paper. The
present paper is concluded with some recommendations to improvise the present
situation of surrogacy.
Introduction
Family is a social unit. At a certain
point of time almost every couple intends to start their own family, but
sometimes due to some complications that might not be possible. In such cases
the couple may look for other options to have a baby such as In-Vitro
Fertilization (IVF), Artificial Reproductive Technology (ART), Intra-Uterine
Injections (IUI), etc. which are like a ray of hope for the infertile couples.
With the advancement in medicine and technology especially in ART, as donor
insemination, embryo transfer technique etc. has revolutionized the
reproductive methods such as Surrogacy.[1]
Surrogacy gained spotlight for the
first time in mid-1970s when the 1st “official” agreement on
surrogacy was made. During the same period, world’s 1st ever
‘test-tube baby’ was born because of which surrogacy became global news.[2]
Though this wasn’t an actual case of surrogacy, it paved a way for gestational
surrogacy. The first ever country to legalize commercial surrogacy was India in
2002 after India’s first ever In-vitro fertilization (IVF) baby (World’s 2nd
IVF baby).[3]
The ART (Regulation) Bill describes
surrogacy to be “arrangement in which a woman agrees to a pregnancy,
achieved through assisted reproductive technology, in which neither of the
gametes belong to her or her husband, with the intention to carry it to full
term of pregnancy and hand over the child to the person or persons for whom she
is acting as a surrogate”[4] An
agreement will be made between the couple and the surrogate mother called as
‘Surrogate Parenting Agreement’, in which the surrogate agrees to carry the
child (embryo formed from the sperm of the intending father and another
intending mother’s egg) in her uterus for full term and deliver the baby and
give it to the biological parents.
Since the time Surrogacy has gained
recognition, it has received immense support as well as serious backlash. Some
social activists contends that surrogate mothers are exploited, subjected to
violence and their rights are violated; it is often compared to ‘adultery’,
‘baby-selling’, ‘prostitution’.[5]
In certain cases, the surrogate
mother will want to keep the baby or tries to claim guardianship of the baby.
Such situations create serious complications and question the possibility or
legality of such claim. Hence, it is very important to have clear and stringent
laws to govern surrogacy so as to safeguard rights of the baby, surrogate and
the biological parents. Though surrogacy has been legally recognized in India
in 2002, the laws governing surrogacy aren’t really soundproof. Initiatives
have been taken but bringing them into effect is yet to be done.
The methodology used to carry out
research for this study is Doctrinal Research Methodology. It centers around
analysis of case laws, judgments, articles, statutes, legal sources, etc. The
data gathered for this research is from secondary data sources.
Research
Questions
The research questions pertaining to
the present paper are:
Ø What are the different types of
surrogacy?
Ø Can a surrogate mother claim
guardianship of the surrogate child?
Ø Are there any ethical issues that
arise regarding surrogacy?
Ø Does India have strong set of laws to
govern surrogacy?
Research
Objectives
The present research has the
following research objectives:
Ø To learn the options that is
available to a couple to have a baby through surrogacy
Ø To interpret circumstances in which
the surrogate can claim the guardianship of surrogate child
Ø To check the validity of surrogacy
contract
Ø To analyze the concerns regarding
commercialization of surrogacy
Ø To shed light on laws governing
surrogacy in India
Literature Review
Ø Usha Rengarchy Smerdon has expressed
her opinion regarding international surrogacy in her article “Crossing Bodies,
Crossing Borders: International Surrogacy between the United States and India”.
Due to the unethicality of surrogacy and potential harm that the surrogate
mothers and children are exposed to, it is suggested that international
surrogacy is banned. Because if it is not banned, then international surrogacy
opens door for wide black market, which results in abuse and exploitation of
women as well as children due to lack of laws and regulations on international
surrogacy.[6]
Ø The article “Surrogacy: The
Psychological Issues” which is written by R. J. Edelmann addresses that there
is lack of research regarding psychological issues that result from surrogacy.
It discusses how the separation from the surrogate child impacts the surrogate
mother, it has been noted from several research that the separation doesn’t
impact the surrogate mother or the child largely and they are well adjusted.[7]
Ø “Surrogacy and the Politics of
Commodification” written by Elizabeth Scott states that there will always be
debates regarding the morality of surrogacy, but regulating surrogacy can help
in handling the problems faced by women and children in a better manner and
minimise the potential harm they are exposed. This is a suggested way to deal
with an issue like surrogacy where the society does not see eye to eye.[8]
Ø R. S. Sharma in his article “Social,
Ethical, Medical & Legal Aspects of Surrogacy: An Indian Scenario” suggests
that surrogacy by ART(Regulation) Bill, should be available only for those
women who are infertile and for those for whom it is medically and physically
impossible or undesirable to carry a baby till the end of gestation period.[9]
Ø In the article “Buying a Newborn:
Globalization and the Lack of Federal Regulation of Commercial Surrogacy
Contracts” the writer Brock A. Patton is of the opinion that surrogacy has
become an emerging concern, and states that the government needs to take an
initiative to regulate the “emerging market”. A failure to enact a substantive
legislation will just result in complicated custody battles.[10]
Ø The article “Mama’s Baby, Daddy’s
Maybe: A State-by-State Survey of Surrogacy Laws and Their Disparate Gender
Impact” is written by Darra L. Hofman in the year 2009. The writer explains
that surrogacy has opened up an option for infertile women and their spouses,
which has been available for infertile men in several ways. Technique that
resolves men’s infertility, even if it results in a baby that isn’t genetically
linked to its “father” will not receive that much of scrutiny, it is the same
if the “mother” isn’t genetically linked to the baby, as far as the “mother”
carries the baby through the gestation period.[11]
Ø Robert D. Arenstein in his article
“Is Surrogacy Against Public Policy? The Answer is Yes” states that one of the
main reasons why the couples who are unable to have children opt for surrogacy
is because that the adoption process is a lengthy & complicated process and
there is a dearth of adoptable children, and everyone is not granted the right
to adopt. Hence, many people turn to surrogacy as an alternative.[12]
Types of Surrogacy
The intended parents have several
options to choose from even in surrogacy. The categorization of the types of
surrogacy depends on the genetic material that will be chosen, the way
surrogate is chosen, the procedure adopted to impregnate the surrogate, if the
surrogate mother is going to be residing in the home country or the couple’s
country, etc.[13]
However, the two main types of surrogacy are based on genetic material and
payment considerations.
The two most common and sought-after
type of surrogacy based on genetic material are:
Ø Traditional Surrogacy
Ø Gestational Surrogacy
In Traditional Surrogacy, the egg of
the surrogate is fertilized by artificially inseminated sperm of a man who is
the intended father of the baby. The baby will be genetically linked to the
surrogate mother and the intended father. This type of surrogacy is subjected
to a lot of criticism because of the genetic connection of the surrogate mother
to the child. If the surrogate mother is related to the child it will make it
even harder for her to give the child to the intended parents.[14]
Gestational Surrogacy is the most
preferable and advised type of surrogacy. Intended mother’s egg and intended
father’s sperm will be fertilized in a lab & the resulting embryo will be
planted in the uterus of the surrogate. The technique used in this process is
called In-vitro fertilization. After planting embryo in the surrogate’s uterus,
she carries the child for a full term of pregnancy and once the baby is born,
it will be given to the biological parents.[15]
In this type of pregnancy, the baby is genetically related to both the intended
parents and the surrogate is just carrying the baby in her womb and is not
related to the baby.
Two type of surrogacy based on
payment consideration are:
Ø Commercial Surrogacy
Ø Altruistic Surrogacy
When a surrogate mother is paid
financial benefit apart from medical expenses, it is called Commercial
Surrogacy. This the most controversial type of surrogacy because it exposes the
surrogate mother and child to potential risk of exploitation, abuse and
trafficking. Hence, this type of surrogacy is banned in India.[16]
In Altruistic Surrogacy, the
surrogate will not be paid any financial benefit apart from the medical
expenses incurred during the pregnancy. In this type of surrogacy, usually a
close relative or a friend acts as a surrogate mother. In India, this is the
suggested and allowed type of surrogacy.[17]
Surrogate mother’s claim to
guardianship of the
surrogate child
During surrogacy, there will be a
slight possibility where the surrogate might get attached to the child and
might want to keep it and refuse to hand it over to the intended parents. The
question that arises is that, is it possible? If the surrogate declines to give-up
the baby, the biological parents can go to the court to enforce their rights
and get back their baby, only after the court takes all the circumstances into
consideration.
One of the landmark cases and the
first ever surrogacy case contested, where the surrogate declined to give-up
the baby and fought to claim the custody of the baby is Baby M case. In this
case, Sterns, the intended parents, approached Mary Beth Whitehead to be a
surrogate for traditional surrogacy, in which she will be inseminated with the
intended father’s sperm to fertilize her egg. Whitehead agreed to be their
surrogate and to relinquish her legal rights to Elizabeth Stern, who was the
intended mother for consideration amount of $10,000. However, after the birth
of the baby, Whitehead could not give up the baby, hence, she kidnapped the
baby and fled. Considering best interests of the baby, Sterns were given the
primary custody and the surrogate mother, Whitehead was given visitation rights
and in the birth certificate she was identified as the legal mother.[18]
In Re TT case, the surrogate had
entered into a surrogate agreement with biological parents to give the baby and
the custody to them after its birth. But subsequently, the surrogate got
attached to the baby and refused to give the baby. The UK court held that the
surrogacy agreement was neither binding nor enforceable. Hence, it did not
consider surrogate’s unwillingness to hand over the baby to the biological
parents as breach of agreement; she was also granted the custody of the baby as
she was capable of taking care and meet the emotional needs of the baby.[19]
In Johnson v. Calvert, the surrogate
and the biological parents made a contract, where the surrogate agreed to carry
their baby for consideration amount of $10,000. She was implanted with the
embryo which resulted from the intended father’s sperm and the intended
mother’s egg. After the delivery of the baby, the surrogate declined to give-up
the baby to its biological parents, she fought for the custody of the baby who
was not genetically related to her. The court upheld the legality of surrogacy
contract and gave the custody of the baby to the biological parents. It also
stated that surrogacy contracts will be held valid irrespective of if the
surrogate mother has provided the egg or not.[20]
In India, to ascertain the legality
of surrogacy contracts, Indian Contract Act, 1872 would be applied and the
enforceability of such contract would come under Civil Procedure Code. In an
event of refusal by the surrogate to hand over the baby to the intended parents
after its birth, intended parents have several laws which favors them to obtain
the guardianship of the baby, such as Guardianship and Wards Act, 1890 and ICMR
Guidelines 2005.[21]
However, the options available to the surrogate mother to claim guardianship of
the baby are almost nil, it might be possible only if it is in the best
interest of the baby, which will differ from case to case.
Legal, Ethical and Social
Issues in Surrogacy
Surrogacy has significantly improved
the chances of reproduction available to infertile couples. This reproductive
innovation like any other medical innovations comes with pros as well as cons.
Some of the complications that come along with Surrogacy are: The surrogate
mother might abort the baby without permission of the biological parents, she
might refuse to abort the child even after suggestion from the doctor due to
pregnancy complications, she might refuse to handover the baby after delivery,
the biological parents might decline to keep the baby after it is born, they
might refuse to pay the consideration amount after the delivery of the child.[22]
Surrogacy raises a number of social
and ethical concerns as well. Even though both the parties are at risk of the
other party defaulting, the majority of risk is faced by the surrogate mother.
In Commercial Surrogacy, there is a risk of women being exploited, especially
those who are suffering from poverty and are trying to make money by “renting
their womb”. And many of the women who agree to become a surrogate are
illiterate and are not aware of their rights.[23]
Several activists consider surrogacy
to be in violation of human rights, which has gained international focus on
this issue. Surrogacy opens a worldwide black-market of women and children for
prostitution, human trafficking, embryos as well as gametes. It might result in
commoditization of babies as if they are some goods & not human beings.[24]
And treating a woman as a baby producing machine, to just carry a baby for 9
months and handing it over to the intending parents after its birth and expect
the surrogate mother not to be emotionally attached to the baby is very cruel.
Validity of
Surrogacy Contracts
One of the most contested topics
regarding surrogacy is the legality and validity of Surrogacy Contracts.
Activists argue that if surrogacy contracts are made enforceable, then it would
mean giving a free pass to commodification of women and babies and that would
be against the public policy. However, if surrogacy contracts are made
enforceable, then it will help protecting the rights of surrogate mother, baby
as well as the intending parents.[25]
The validity of surrogacy contracts
has been questioned in courts around the world. The validity of surrogacy
contract was first time questioned in Baby M case. Since then, this issue has
come up in several surrogacy cases. Though several countries have made
surrogacy legal, only in few countries surrogacy contract can be enforced in
court. Countries take different approaches when it comes to validating surrogacy
contracts. India does not have a separate legislation to deal with surrogacy
contracts, in such case, surrogacy contracts fall under Indian Contract Act,
1872. As per this Act, every contract which consists of all essential
ingredients of a valid contract is legal as well as enforceable.[26]
Laws
governing Surrogacy in India
As previously discussed, Surrogacy is
a very sensitive issue that needs to be governed very carefully and keenly to
avoid violation of rights of all the parties involved. Several issues pop up
regarding surrogacy, such as, parental rights, rights of surrogate,
guardianship, citizenship of the baby (if the surrogate mother if from a
different country), etc. To address all such issues a country needs to have
strong legislation regarding Surrogacy.
Though India has legalized surrogacy
in 2002, it still does not have legislation which specifically deals with
surrogacy. First initiative to regulate surrogacy was taken by Indian Council
of Medical Research in 2005. Since these guidelines were not backed by any
legislation, surrogacy remained an unregulated domain in India. In 2008, ICMR
attempted to regulate & legitimize various types of reproductive techniques
which included commercial surrogacy as well through Assisted Reproductive
Technology Bill, 2008. Despite its attempts to regulate surrogacy, the ART bill
was opposed by several people as it was promoting medico-business interests by
attempting to legalize commercial surrogacy, it also did not provide sufficient
rights to surrogate mothers and babies.[27]
Law Commission of India in 228th
report pointed out the requirement to regulate ART clinics and to safeguard the
rights of all the parties involved in surrogacy. It also recommended to ban commercial
surrogacy & only altruistic surrogacy to be allowed so as to put an end to
commodification of babies.[28]
As per the recommendations of Law Commission of India, ART (Regulation) Bill
2010 was drafted, it provided a national policy which prevents the ART
techniques from being misused and to ensure that they are used safely. However,
there were some gaps in this bill, including a lack of coverage of significant
surrogacy implications. After several much-needed amendments, an updated
version of bill was presented as ART (Regulation) 2014, which provided
information about ART clinics, services offered, the consequences of those
services etc., but most of the recommendation of this bill were ignored and it
met the same fate as ART Bill 2008.[29]
Subsequently, the Surrogacy
(Regulation) Bill, 2016 was introduced in Lok Sabha, it was based on guidelines
of Human Fertilization and Embryology Authority and consisted of several
recommendation given in 228th Law commission report 2009. This bill
was passed by the Lower House, but it was not introduced in Upper House. In
2019, this bill was re-introduced in Lower House as Surrogacy (Regulation)
Bill, 2019. This bill put a ban on commercial surrogacy and allowed only
altruistic surrogacy. Some of the important conditions set by this bill with
regards to altruistic surrogacy:
Ø Altruistic Surrogacy is available to
only those couples who have been married for 5 years.
Ø The infertile couple needs to provide
infertility certificate provided by District Medical Board.
Ø Age of wife should be between 23-50
years; Age of husband should be 26-55 years.
Ø The couple should not have a living
child. (Exception – mentally & physically challenged child; child suffering
from fatal illness)
Ø Surrogate mother should be a close relative of
the intending parents. Her age should be within 25-35 years. She should have
children of her own. She can be surrogate just once in her life.[30]
Some of the conditions set in the
Surrogacy Bill, 2019 were considered unreasonable, therefore with fifteen major
changes, Surrogacy (Regulation) Bill 2020 was presented. This bill reduced the
waiting period for the couple from five years to 1 year. It suggested removing
the ‘close relative’ as a criteria. It also permits a ‘willing’ woman to be a
surrogate, this will allow divorced and single women to have baby through
altruistic surrogacy. After incorporating the recommendations by Upper House,
the Surrogacy (Regulation) Bill 2020 was approved by Union Cabinet.[31]
Conclusion and
Recommendations
Surrogacy has opened a door for all
the couples that yearn for a child but are unable to conceive due to some
medical complications. However, along with surrogacy several problems also
creep up. Due to lack of proper regulation, surrogacy is surrounded by several
legal, ethical, social and moral issues. Since surrogacy agreements are
difficult to enforce, in several cases parental right is in question when the
surrogate mother claims the guardianship of the child. Commercial surrogacy has
been criticized to result in baby selling, renting womb, human trafficking and
prostitution. Hence, India has banned commercial surrogacy and has also banned
foreigners from using Indian surrogate mothers. Lack of legislation on surrogacy
has resulted in a lot of confusion and complication, it also risks the rights
of all the parties involved. If surrogacy is not regulated soon, then even
altruistic surrogacy will lead to exploitation, surrogates can be coerced or
harassed into being surrogate mothers. Therefore, there is a dire need to
regulate surrogacy at the earliest.
In majority of the cases, when the
intending parents and the surrogate mother fight for the custody of the
surrogate baby, the court has given the custody to the intending parents. Even
in cases where there was matrimonial discord, the custody of the baby was given
to the grandmother. In cases where during or after surrogacy it is found that
the intending couple has been found guilty in criminal cases, or found to be violent,
or found guilty in a rape case, or has intentions of trafficking the child
after birth, or any other unforeseen events, the person who will acquire the
guardianship of the baby should be mentioned in the Surrogacy contracts. The
Surrogacy (Regulation) Bill, 2020 inhibits gay couples from having baby through
surrogacy, this amounts to discrimination, provisions should be made to allow
gay couple to have babies through surrogacy. This bill is silent on how close
the relative has to be to become a surrogate to the intending parents. The
biological parents need to cover the expenses of post-natal care of the
surrogate mother, she shouldn’t be let high and dry after the birth of the baby
to take care of herself during post-partum. The parliament needs to act fast
and make a detailed legislation specifically on surrogacy, which covers all
aspects of surrogacy like parental rights, rights and duties of the surrogate
as well as intending parents, medical expenses coverage by the intending
parents, guardianship of the surrogate child in unlikely circumstances, role of
ART clinics, etc. As long as surrogacy is left unregulated, surrogate mothers
and children are exposed to potential harm. Hence, a detailed legislation on
surrogacy is need of the hour.
Sources
Data gathered for this research paper
is from secondary sources gathered from case laws, articles, judgements,
journals, bare acts, internet sources etc
References
Ø
Aruna Nigam, Surrogacy: An Indian
Perspective, 1 Tropical Clinics of
Obstetrics and Gynaecology (2013)
Ø Aneesh
V. Pillai, Surrogacy Contracts: Issues and Challenges, ResearchGate (Apr. 4, 12:10 PM),
https://www.researchgate.net/publication/340755352_SURROGACY_CONTRACTS_ISSUES_AND_CHALLENGES
Ø Ayush
Verma, Surrogacy (Regulation) Bill, 2020: The Way Forward, IPleaders (Apr.5, 12
:05
PM) https://blog.ipleaders.in/surrogacy-regulation-bill-2020-way-forward/
Ø B.
Asvini, C. Renuga, Legality of Surrogacy with Special Reference to Surrogacy
Bill 2019, 8 International Journal of
Innovative Technology and Exploring Engineering, 2302-2306 (2019)
Ø Brock
A. Patton, Buying a Newborn: Globalization and the Lack of Federal
Regulation of Commercial Surrogacy Contracts, 79 UMKC L. Rev. 507 (2010)
Ø Darra
L. Hofman, Mama's Baby, Daddy's Maybe: A State-by-State Survey of Surrogacy
Laws and Their Disparate Gender Impact, 35 WM.
Mitchell L. Rev. 449 (2009)
Ø Elizabeth
S. Scott, Surrogacy and the Politics of Commodification, 72 Law & Contemp. Probs. 109 (2009)
Ø Need
For Legislation To Regulate Assisted Reproductive Technology Clinics As Well As
Rights And Obligations Of Parties To A Surrogacy, Law Commission Report – 228
(2009)
Ø Neha
Meena, Surrogacy Contracts in India, Legal
Service India (Apr. 4, 12:00 AM), http://www.legalserviceindia.com/article/l434-Surrogacy-Contracts.html
Ø Manish
Arora, Sanjeevani Dixit, Demystifying the Journey of Surrogacy Laws in
India: Surrogate Motherhood on the Anvil?, 1 International Journal of Advanced Legal Research (2020)
Ø Priyanka
Maut, S. S. Das, Commercialization of Surrogacy in India: A Critical
Analysis, JCC Law Review
(2014)
Ø Ranjana
Kumari, Surrogate Motherhood – Ethical or Commercial, Centre for Social Research (2010)
Ø Robert D. Arenstein, Is Surrogacy
Against Public Policy? The Answer is Yes, 18 Seton Hall L. Rev. 831 (1988)
Ø Robert Edelmann, Surrogacy: The
Psychological Issues, 22 Journal of
Reproductive and Infant Psychology, 123 (2004)
Ø R. S. Sharma, Social, Ethical,
Medical & Legal Aspects of Surrogacy: An Indian Scenario, Indian J Med Res. S13-S16 (2014)
Ø Usha Rengachary Smerdon, Crossing
Bodies, Crossing Borders: International Surrogacy between the United States and
India, 39 Cumb. L. Rev. 15
(2008)
Ø Surrogate Motherhood: A Violation of
Human Rights, European Institute of Bioethics (Apr. 3,
10:50 PM), https://www.ieb-eib.org/docs/pdf/2013-04/doc-1554801438-35.pdf
Ø Surrogacy: What is it? The Different
Types of Surrogacy Options Available, Ilaya (Mar. 12, 2018 8:50 PM),
https://ivf.ilaya.com/surrogacy-different-types-surrogacy-options-available/
Ø The History of Surrogacy: A Legal
Timeline, Worldwide Surrogacy (Feb. 12, 2018 10:50 PM)
https://info.worldwidesurrogacy.org/blog/the-history-of-surrogacy-a-legal-timeline
Ø Chandru Maya, Legitimacy of
Surrogacy in India, Legal Service
India (Apr. 3, 9:00 PM),
http://www.legalserviceindia.com/legal/article-2778-legitimacy-of-surrogacy-in-india.html
Ø
Md. Sahabuddin Mondal, Problems And
Issues of Surrogate Mother and Her Child, Legal
Services India (Apr. 3, 10:55 PM),
http://www.legalservicesindia.com/article/2310/Problems-And-Issues-of-Surrogate-Mother-and-Her-Child.html
[2] The History of Surrogacy: A Legal
Timeline, Worldwide Surrogacy
(Feb. 12, 2018 10:50 PM)
https://info.worldwidesurrogacy.org/blog/the-history-of-surrogacy-a-legal-timeline
[3] Chandru Maya, Legitimacy of
Surrogacy in India, Legal Service
India (Apr. 3, 9:00 PM), http://www.legalserviceindia.com/legal/article-2778-legitimacy-of-surrogacy-in-india.html
[5] Aditya Kumar, Problems of
Commercial Surrogacy In India, SSRN (Apr. 3, 9:10 PM),
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3625804
[6] Usha Rengachary Smerdon, Crossing
Bodies, Crossing Borders: International Surrogacy between the United States and
India, 39 Cumb. L. Rev. 15
(2008)
[7] Robert Edelmann, Surrogacy:
The Psychological Issues, 22 Journal
of Reproductive and Infant Psychology, 123 (2004)
[8] Elizabeth S. Scott, Surrogacy
and the Politics of Commodification, 72 Law
& Contemp. Probs. 109 (2009)
[9] R. S. Sharma, Social, Ethical,
Medical & Legal Aspects of Surrogacy: An Indian Scenario, Indian J Med Res. S13-S16 (2014)
[10] Brock A. Patton, Buying a
Newborn: Globalization and the Lack of Federal Regulation of Commercial
Surrogacy Contracts, 79 UMKC L. Rev.
507 (2010)
[11] Darra L. Hofman, Mama's Baby,
Daddy's Maybe: A State-by-State Survey of Surrogacy Laws and Their Disparate
Gender Impact, 35 WM. Mitchell L. Rev.
449 (2009)
[12] Robert D. Arenstein, Is
Surrogacy Against Public Policy? The Answer is Yes, 18 Seton Hall L. Rev. 831 (1988)
[13] Surrogacy: What is it? The
Different Types of Surrogacy Options Available, Ilaya (Mar. 12, 2018 8:50 PM),
https://ivf.ilaya.com/surrogacy-different-types-surrogacy-options-available/
[15] Aruna Nigam, Surrogacy: An
Indian Perspective, 1 Tropical
Clinics of Obstetrics and Gynaecology (2013)
[16] Priyanka Maut, S. S. Das, Commercialization
of Surrogacy in India: A Critical Analysis, JCC
Law Review (2014)
[21] Need For Legislation To Regulate
Assisted Reproductive Technology Clinics As Well As Rights And Obligations Of
Parties To A Surrogacy, Law Commission Report – 228 (2009)
[22] Md. Sahabuddin Mondal, Problems
And Issues of Surrogate Mother and Her Child, Legal Services India (Apr. 3, 10:55 PM),
http://www.legalservicesindia.com/article/2310/Problems-And-Issues-of-Surrogate-Mother-and-Her-Child.html
[24] Surrogate Motherhood: A Violation
of Human Rights,
European Institute of Bioethics
(Apr. 3, 10:50 PM),
https://www.ieb-eib.org/docs/pdf/2013-04/doc-1554801438-35.pdf
[25] Neha Meena, Surrogacy
Contracts in India, Legal Service
India (Apr. 4, 12:00 AM),
http://www.legalserviceindia.com/article/l434-Surrogacy-Contracts.html
[26] Aneesh V. Pillai, Surrogacy
Contracts: Issues and Challenges, ResearchGate
(Apr. 4, 12:10 AM),
https://www.researchgate.net/publication/340755352_SURROGACY_CONTRACTS_ISSUES_AND_CHALLENGES
[28] Manish Arora, Sanjeevani Dixit, Demystifying
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