Surrogacy In India: An Insight To The Provision Of Equality

Sherin Farhana EV, Crescent School Of Law, Chennai

ABSTRACT

Infertility is considered as a major issue and surrogacy is usually sought when a couple’s pregnancy is impossible due to medical reasons or due to the risky state of mother’s health. The concept of surrogacy has brought one side a positive impact and another side a disputed issue when it comes to its legality. The procedure of surrogacy, whereby one woman bears a child for another woman, was one of the most questionable process in society. Last two decades it has showed a tremendous surge in cases of commercial surrogacy for monetary reasons and to control this legislative attempts were made and laws were enacted. The legislative lacunas are being misused to a greater extent and the provisions stated are contradictory. The eligibility criteria for surrogates and intended parents is still skeptical and also it transgress the guaranteed constitutional rights of citizen. The criteria stated for surrogate mother strictly faces the excessive state intervention in the lives of citizen with regards to their reproductive choices and they are their inalienable rights and this makes them face restrictions in their reproductive autonomy. This paper analyses the provisions of surrogacy (regulation) act and also it highlights the how it is effecting the guaranteed rights of right to life and personal liberty.

Keywords: Surrogacy, Infertile, Intending parents