HIDAYATULLAH NATIONAL LAW UNIVERSITY

NATIONAL SEMINAR
ON
ROLE OF ETHICS, VALUES AND MORALITY IN LAW
IN 21ST CENTURY

TOPIC SURROGACY AND CHILD RIGHTS

CO-AUTHOR- PRIYA BANI & ANURAG SHARMA

BBA LL.B (6TH SEM), College Of Legal Studies, University Of Petroleum And Energy Studies.
E-MAIL ID-

priyabani92@gmail.com
sharmaopanurag@gmail.com

CONTACT NO- 09627787664, 07830350391

OFFICIAL ADDRESS - University Of Petroleum And Energy Studies,
Energy Acre, P.O.Bidholi, via prem nagar,
Dehradun -248007

ABSTRACT
There are some physiological reasons that withhold a person from enjoying one of the most
beautiful gifts that is bestowed upon us by nature; capacity to procreate life and to cherish the
experiences of parenthood. But as it is with humanity where there is a will there is a way; thus,
evolved the concept of surrogacy.
This paper explores the reasons behind the existing popularity of surrogacy in India, its
implication on the current legal scenario and the issue of reproductive rights. It also highlights
some ethical frames that have been applied in the Indian context. Commercial surrogacy is an
issue that is shrouded in ethical, social and legal complexities. Over the last few years, many
issues as to rights and onuses of the surrogate mother and intended parents, citizenship status of
the surrogate child, safety and costs. An attempt is made to analyze the Assisted Reproductive
Technologies (regulation) Bill , the Law Commission Report of 2010 and the Baby Manji case
which would shed some light on the attitude of our law and policy makers on this crucial issue.
Surrogacy in India is considered legitimate only because no Indian law forbids surrogacy.
Though, to govern the legality of surrogacy agreements, there are indeed certain guidelines and
provisions present in India. Further, the surrogate childs right is considered, among the parties
involved in commercial surrogacy, the only part possessing unarguable and inalienable rights.
The methodology used for the paper would consider various opinions, comment of juries and
comparative study of laws relating to surrogacy and child rights in various countries. In
furtherance to it, we would delineate views on the subjective morality involved with surrogacy.
In its conclusion the paper would explain how surrogacy would help to maintain peoples desire
and interest of parenthood, while also formulating recommendation to strengthen the subject of
surrogacy in legal terms.
Keywords surrogacy and child rights- law commission report- Assisted reproductive
technology bill, 2013