SURROGACY: A SOCIO LEGAL ISSUE AND CONTROVERSIES INVOLVED
Downloads
Keywords:
Surrogacy, Intended Parents, Surrogacy (Regulation) Bill 2019, Assisted Reproductive Technology, Infertility, Surrogacy Contract, Manji case 2008Abstract
Surrogacy: It is an agreement whereby a woman agrees to give birth to a child which biologically belongs to the intended parents with whom the contract has been signed. The surrogate mother here agrees to become pregnant and give birth to the child. This practice is usually practiced when there is no probability of getting a baby due to pregnancy risk or when it is medically impossible for the intended couple to have a traditional delivery. The surrogacy (regulation) bill 2019 defines surrogacy as “where a woman gives birth to a child for intending couple with the intention to hand over the child after the birth to the intended couple”. In Indian scenario where having young ones are considered as a kind of assurance in old age by the parents, this practice grew up. On 3rd October 1978 India saw its first child through IVF technology (In Vitro Fertilization) name Kanupriya (Durga) in Kolkata. WHO described
“infertility” as inability to conceive a child? In Indian context surrogacy also prevails due to lack of information, poverty, lack of education, contents in movies, advertisements etc. The author in this case would bring on some law commission reports and same technicalities involved in socio legal aspect, further the 2019 bill passed bans all types of international surrogacy and prohibits commercial surrogacy, but allows altruistic surrogacy in which in no monetary compensation is involved. However, surrogacy is only permitted just in case if there is proven infertility or in any other extreme circumstances as stated within the bill the bill. This paper aims to throw light on the historical aspects of surrogacy in brief especially the Manji case of 2008, show interlink age between human rights and surrogacy the ethical and moral aspects with support of appropriate case laws and a comparative study of states around the globe. Further, this paper will specifically focus on the legal aspects of surrogacy related to provisions related to Constitution, Indian Contract Act 1872, and therefore discrepancies involved.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Sarvesh Nimbulkar
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
