CRITICAL ANALYSIS OF “THE SURROGACY (REGULATION) BILL, 2016”
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https://doi.org/10.55662/Keywords:
Altruistic Surrogacy, Commercial Surrogacy, Surrogacy BillAbstract
India’s position as one of the most sought after destinations for medical tourism coupled with availability of potential surrogates has helped the country to become ‘surrogacy capital’ of the world. Modern medical facilities, quality care and low cost treatment are the major factors which attract foreigners from other countries like Bangladesh, Afghanistan, Pakistan, Middle East, etc.. Another major reason for the Surrogacy boom was due to the legality of the procedure. There was no law against Commercial Surrogacy in India and it was allowed to be practiced. However, lack of regulation led to a series of complications in the procedure such as exploitation of surrogates, abandoning of the child born and citizenship problems for the child where the country of the intended parents does not recognise surrogacy. Such complex issues made the Indian Government to draft a bill for regulation of Surrogacy in India. Though the government’s move to bring the sector under law is appreciated, the bill is not far from being a flawed one. This paper analyses the Surrogacy Bill that was introduced in the Parliament in August 2016.
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