Adv. Vishal Vaid, BA.LLB, LLM, GGSIPU, Delhi
Adv. Zeal Shah, BA.LLB, LLM, Symbiosis Law School, Hyderabad
ABSTRACT
This research paper delves into the intricate domain of surrogacy and reproductive rights, exploring the global variation in practices and legal frameworks. Surrogacy, a method by which a surrogate carries a child for intended parents unable to conceive, presents profound ethical, legal, and cultural questions. Distinctions between altruistic and commercial surrogacy provoke debates on autonomy, potential exploitation, and the commercialization of reproduction. Countries such as Canada emphasize reproductive autonomy, while nations like France prohibit surrogacy to protect traditional values and women’s rights.
The paper provides a comparative analysis of surrogacy laws across diverse jurisdictions, highlighting cases that underscore complex legal and moral issues in cross-border surrogacy. Additionally, it examines evolving trends, including international surrogacy agreements and technological advancements, which introduce new challenges regarding parental rights, child welfare, and citizenship.
The research primarily utilizes a qualitative methodology, employing a comparative approach to analyze various legal frameworks and ethical perspectives. By examining multiple jurisdictions and reviewing pertinent case laws, the paper aims to provide a comprehensive understanding of surrogacy practices and recommend a balanced, ethical approach to reproductive rights.
To address these issues, the paper recommends creating comprehensive surrogacy laws that balance individual rights with protections against exploitation. The emphasis lies on establishing uniform regulations that respect reproductive autonomy, ensuring ethical practices, and safeguarding the welfare of children born via surrogacy. This balanced approach aims to create a framework that supports surrogacy as a family-building option while addressing its inherent legal and ethical challenges.
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