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Reassessing The Influence Of The Surrogacy (Regulation Act), 2021 On The Rights Of Surrogate Mothers In India

 



Amita Chaudhry, LL.M., Gujarat National Law University, Gandhinagar


ABSTRACT


The modern society needs modern laws to regulate it. Modern legal systems has already adopted modern legal concepts to regulate the new concept of surrogacy while India has adopted the same in the year 2021. The Surrogacy Regulation Act, 2021, represents a significant legislative effort by the Indian government to govern the practice of surrogacy within the country. Surrogacy, which is a biological concept is given by the technology to the humans, as a reproductive technology, allows individuals or couples who are unable to conceive to utilize another woman’s gestational services to bear their child. While surrogacy offers hope to many, it has also been fraught with ethical, legal, and social dilemmas, particularly concerning the rights and welfare of surrogate mothers. This paper aims to explore the implications of the Surrogacy Regulation Act, 2021, on the rights of surrogate mothers in India. It will discuss the regulatory framework established by the Act, analyze the rights afforded to surrogate mothers, and critique the potential impact of these regulations on their autonomy, agency, and overall safety. Researcher will conclude the same with overall analysis of this Act.


Keywords: Surrogacy, women, child, reproduction, rights.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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