Abstract:

Since the advent of modern medical technology in the late 20th century, the practice of commercial surrogacy has been widely accepted in India. The notion is gaining popularity throughout the globe and expanding fast, becoming a major sector in India, despite the social and legal complexities involved. Even though commercial surrogacy is common in India, the lack of a legislation governing the practice raises serious ethical and moral questions about its potential for abuse. The lack of proper legislation and the implementation of numerous new laws in India contribute significantly to the country's legal difficulties. Defining the legality of surrogacy contracts, determining the status of the surrogate child, commissioning a parent, and resolving disputes over custody, citizenship, and parentage of a surrogate child are all made more difficult by the complexity, diversity, and unsettlement of the law surrounding surrogacy. While the ICMR has issued recommendations that provide some suggestions for how to resolve these problems, they are not legally obligatory, and the applicable legislation is inadequate. The lack of a legal framework to handle the ramifications of surrogate motherhood is the fundamental criticism against the practice. Until the rights and obligations of all parties are legally established and enforced, the child's and others' statuses are in jeopardy.

Description:

Conflict of Laws, Practice of Surrogacy, India, medical technology, commercial surrogacy.