Contentious Issues in Surrogacy: Legal and Ethical Perspectives in India

Abstract

In the past few decades, the problem of infertility among married couples has been on the rise. The advancements in medical science particularly in the field of artificial human reproductive technologies (ART) has benefited childless couples and provided them with various options to beget a genetically related child. Among all the options available in ART, surrogacy is becoming very popular in India. This method of human reproduction raises conflicting human rights issues such as renting of womb, selection of surrogate, welfare and safety of child, commercialisation of reproduction, paternity and custody issues. Hence it is very essential to identify the various contentious issues involved in surrogacy and examine the adequacy of existing legal framework in India for the regulation of practices of surrogacy. Accordingly this paper examines the contentious issues raised by the practice of surrogacy. Further it attempts to provide some practical solution for resolving those issues.