2. Surrogacy: Legal Approach

Surrogacy was legalized in the year 2002 in India. As the Assisted Reproductive Technologies [ART] is emerging as a flourishing industry in India and has become a preferred destination for ‘persons’, foreign as well as domestic, opting for ART treatment as well as “the destination”1 on the lookout for surrogates. Some of the factors contributing to this have been identified as low costs for high end medical facilities.
It is a sensitive issue to deal with due to the complexity involved. Various guidelines aspire to fill the void that exists in the legal regulation of surrogacy in India. The various provisions merely aim at regulating the thriving ART industry by checking it and putting it under the guidance of
The report has regarded that the laws related to surrogacy are multifaceted and has suggested a pragmatic approach while legislating on this issue. The report considered Indian and foreign decisions on surrogacy (also constitution right to procreate) including the Baby M case and the Baby Manji’s Case for reviewing the position on the constitutional validity of surrogacy in India. Though the report has highlighted various issues on surrogacy, the report has not moved into the more pressing and deeper aspects of surrogacy vis-à-vis the Indian situation. The report has failed consider the prevalent socio-economic situation and the cultural stigma attached to surrogacy in India. The report has been unsuccessful in identifying the scope of surrogacy in India, and has not made recommendations for regulation of the practice of
The proposed legislation on surrogacy essentially needs to address not only the domestic but also the international requisites of surrogacy. India has its status in the field of surrogacy, as that of a booming industry, at the international level. This status makes it necessary to address this need of its new found importance as a surrogate hub. A legislation on surrogacy not catering to the needs of the international arena is fails to serve a huge purpose and is merely incomplete. The problems arising through surrogacy are indeed complex, and hence, a legislation competent to handle every issue is