A Detailed Study On Agreements Of Surrogacy

Adv.Mandar Machindra Gate, Deccan Education Society’s Shri Navalmal Firodia Law College, Pune

ABSTRACT

“It may be that I may obtain children by her.” Surrogacy practice dates back to biblical times. Hindu mythology also offers instances of surrogacy and reflects the secrecy that still surrounds surrogacy practice. Surrogacy has, for many years, been rejected by society, where by many look at it as an immoral act and ethically wrong and thus should not be legally recognize. Surrogacy obtained more popularity in the mid- 1980’s through the Baby M case in the United Kingdom. The Indian Council of Medical Research has introduced the Assisted Reproductive Technology(Regulation) Bill, 2020 to regularize and legitimate different forms of reproductive technologies, including commercial surrogacy.

Surrogacy, has emerged as a new level of scientific advancement for reproduction with the usage of womb of a woman to reproduce children for another woman. One of the most efficient methods to overcome both biological and social infertility is surrogacy. The word Surrogate has been derived from latin word “Surrogatus” meaning a substitute, that is person appointed to act on behalf of another. Existing laws and regulations governing surrogacy agreements do not address all the issues relating to surrogacy. Surrogacy is a good alternative for commissioning parents and surrogates. Surrogacy contracts are formal agreements which provide the terms and conditions of a surrogacy arrangement between the surrogate and intended parents. A specific legislation can resolve all the uncertainties surrounding the surrogacy contracts and provide a proper regulatory framework for dealing with most of the difficulties faced by the parties. To analyze the legal framework governing agreements relating to surrogacy and identify key legal issues and challenges faced regarding surrogacy.

Keywords: Biological, Children, Commercial surrogacy, Infertility, Legislation, Woman.