Legal and Ethical Aspects of Surrogacy in India - A Critical Analysis

Surrogacy has been the subject of heated discussions across the world that have centred on its complex ethical and legal ramifications. This research thoroughly analyses the effects of the 2021’s Act of Surrogacy, beginning with a thorough dive into the core ideas that support surrogacy. This paper analyses the requirements and restrictions of surrogacy and outlines the ethical, moral, and legal conundrums that surround it, revealing the challenges that all parties involved must deal with. The comparative examination of surrogacy legislation in various nations is another feature of this article, which reveals the disparate worldwide perspectives. Examining the judicial viewpoints on surrogacy helps to clarify the changing legal environment and to highlight important rulings that have had a big impact on surrogacy practices. This study offers a nuanced view on the complex ethical and legal issues surrounding surrogacy in India by combining various approaches. These observations provide a thorough grasp of the difficulties and potential present in the field of surrogacy

Surrogacy tourism: the ethical and legal challenges

Although surrogacy seemed to have been practised since ancient times, its resurgence in the contemporary era has been nothing short of phenomenal. With advances made in reproductive technology, it is now possible to fertilise eggs and sperms in laboratories and have the embryo transferred into the womb of a surrogate mother for gestation. Through a combination of push and pull factors, this possibility of gestational surrogacy has led to the meteoric rise of cross-border surrogacy. This paper seeks to highlight the ethical and legal challenges associated with the practice, and calls for better legal oversight at international level

An Annotated Bibliography of Reproductive Rights Laws in India

This annotated bibliography contains primary and secondary sources of reproductive rights law in India, including statutes, case law, and scholarly books and articles published in India and abroad. The sources contained in this bibliography trace the development of Indian reproductive rights law over the last 40 years; however, new developments, such as the rise of reproductive outsourcing, are addressed. Because Indian courts and legal scholars frequently refer to foreign sources of law in areas where Indian laws are not fully developed, such as surrogacy law, an appendix of American legal sources which are relevant to Indian reproductive rights law is also included

Surrogacy, South African style

This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration

Why Japan Should Legalize Surrogacy

Beyond a recommendation from the Japanese Society of Obstetrics and Gynecology to not work with patients who want to engage in surrogacy contracts, no legal framework exists for regulating surrogacy in Japan. Because of this recommendation, as of December 2013, only one doctor in the entire country will work with families using surrogates. Therefore, Japanese families often travel abroad to use surrogates, generally to the United States, India, or Thailand. Surrogacy tourism creates a number of problems. Babies born to surrogates have been considered stateless because neither the surrogate’s country nor Japan recognizes them as citizens. Furthermore, Japan’s complex family registry system makes it difficult to adopt children. Finally, surrogates in India are often very poor women forced to live in abject conditions during their pregnancies. Because recently passed regulations in India may prevent Japanese couples from entering into surrogacy agreements there, the Japanese government should get serious about establishing a legal framework for surrogacy, potentially using Israel’s system as a model, in order to ensure that Japanese women have a safe and regulated way of engaging in surrogacy

Legal And Human Rights Perspective of Commercialization of Motherhood in India

Surrogacy is an arrangement in which a woman agrees to bear a child of another and to transfer the custody of the child to the intended parents after the birth of the child. It is a practice generally deemed as a good practice which fills the emptiness of the lives of the infertile couples. But behind this good moral practice, it also has a dark side of it. This system leads to commercialization of motherhood which also causes violation of human rights of people. This practice is very popular in India but in absence of law it has become very difficult to regulate this practice and to prevent violation of human rights of people

Invisible women in reproductive technologies: Critical reflections

The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well

Lost in transit: cross border surrogacy arrangements and the right of children not to be discriminated against on the basis of their birth or status

Magister Legum - LL

Status of Surrogacy in India: A Critical Study

Marriage is a social institution. Couples may have their own children via procreation, in the standard course of nature. Unfortunately, infertile couples are unable to have children. The infertility may be either medical or social. There is an underlying urge in every human being to produce biological descendants who will carry on their lineage in society. Although, a barren couple has the task of learning to cope with their lack of children both internally and externally. As a result, they believe they must turn to artificial insemination, in vitro fertilization, test-tube babies, as well as surrogacy, amongst other methods, in order to ensure their survival in society. These methods brighten their eyes and satisfy their yearning for genetically identical offspring. These advancements have aided infertile couples and adults in overcoming reproduction difficulties caused by infertility, such as medical reasons, the loss of a spouse, being separated, homosexual couples, or gay couples, among other things. Through this paper, I would like to enlighten on surrogacy. Here we would discuss various aspects like meaning, method, types, socio-legal, ethical issues, and various reproductive techniques. In modern age surrogacy is very popular in the whole world. Therefore, surrogacy is a highly sensitive and delicate issue. Indeed, it is high time to enact a law to regulate surrogacy in India. The present paper is totally based on secondary sources of data such as legal journals, books, magazines, newspapers and websites sources etc

Surrogate Motherhood in India: A Legal Analysis

The surrogacy is a method of procreation of children that is extra marital. The aim of surrogacy is progeny rather than sexual pleasure or sexual satisfaction. That is why this procedural technology could not be termed as prostitution. Surrogacy is a method of assisted reproduction whereby a woman agrees to become pregnant for giving birth to a child for others to nourish. She may be the child's genetic mother or she may be implanted with an unrelated embryo. Indian surrogate mothers come of one third of the cost compared to the US. As the cost is economical in comparison to other countries, foreign couples are traversed to India for outsourcing womb. This research is trying to discover the legal and moral issues with a slide touch of transnational border issues. The primary concern in surrogacy cases is the plight of woman who agrees to act as surrogate mother. Mostly such women are poor and belong to marginalised sections of society who easily agree to act as surrogate mother for monetary reasons. To protect such women and also to address  certain legal as well as moral issues concerning surrogacy, it is necessary to regulate commercial functioning of fertility clinics as well as service provider agencies to ensure that the services provided are ethical and medical, social and legal rights of all concerned are protected. There is also needed a strong legal framework to protect identity, legitimacy, succession, human and fundamental rights of an unborn person