|
Abstract:
|
The advancements in medical science and technology have proved to be a boon
to mankind. At the same time they have raised numerous challenges before the legal
systems of the world. One such advancement is that of assisted human reproductive
technologies and particularly surrogacy, which have given a new meaning to the
concept of procreation. These technologies have made it possible for individuals to
beget a genetically related child with the help of a third party and without sexual
intercourse. Among all the assisted human reproductive technologies, the practice of
surrogacy, in which women agree to have their bodies used to undergo a pregnancy
and give birth to a baby for another, has raised various legal and human right
controversies and diverse legal responses all over the world. India has particularly
become a top destination for individuals who wish to beget a child through surrogacy
and hence it is imperative for the Indian government to address the challenges posed
by surrogacy. This study is an attempt to examine the need and importance of
surrogacy practices and the conflicting legal and human rights issues raised by
surrogacy in contemporary times. It also examines the adequacy of existing legal
framework in India and attempts to provide pragmatic solutions for regulating
surrogacy and protecting the interests of various stakeholders involved in surrogacy. |