• Research/Scholar Paper name – SURROGACY IN INDIA: ETHICS v. LEGALITY
  • Author: Jaymeet Joshi
  • Institution: Christ University, Delhi NCR
  • Co-Author: Janshi Naik
  • Institution: Gujarat National Law University, Gandhinagar
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 21/04/2022

Abstract:

Humans consider it true that birth is the foundation of women’s strength and vigour. The origin of a child is a woman and she is a woman. This is the essence of a woman. Yet, sadly, a few women because of specific physiological conditions can’t bear offspring of their own. The desire to turn into a mother drives them to look to options like Artificial Reproductive Technology (ART), In Vitro Fertilization (IVF), Intrauterine Infusions (IUI), Surrogacy and that’s only the tip of the iceberg.

Surrogacy (Regulation) Bill, 2019 in recent times has agitated the discussion as to the legal and moral questions that remain relevant in context of law. The paper is intended to understand the Ethical, Legal & Socio-Economic issues relating to surrogacy and its applicability in India. The proposed bill overlooks the socio-cultural reality of the patriarchal system that has taken root in Indian society by introducing restricted provisions such as “close relatives” and “couples.” Single and lesbian, gay, bisexual, transgender and queer (LQBTQ) communities are discriminated against the right to form a family. Discriminating single and transgender (LGBTQ) communities discriminate against the right to form a family. Although India is going through a progressive time by which the residents’ reasoning interaction is going through an extreme shift away from the male-centric standards to more feministic ethos; the proposed surrogacy regulation fills in as a dark spot on the dynamic development of the thought of equity in India.

The paper concludes that current laws about surrogacy in India are very vague and inefficient by their nature. The paper explains many ethical quandaries related to surrogacy and how different types of surrogacy may enable or hinder autonomy and/or protection potential surrogates and finally makes suggestions and recommendations for better enforcement of surrogacy laws in India, especially for benefit of the population as a whole.

Key Words: Surrogacy, Artificial Reproductive Technology (ART), Socio-cultural reality, Discriminate, Male-centric standards, Feminist Ethos.

SURROGACY IN INDIA: ETHICS v. LEGALITY

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