Surrogate Motherhood in India: A Legal Analysis

Abstract

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.