Cross–Border Surrogacy And Conflict Of Laws: A Study Of Parentage And Nationality Issues
- IJLLR Journal
- Mar 27
- 2 min read
Elakkiya S, Vinayaka Mission’s Law School, Chennai
Arun Kumar G, Vinayaka Mission’s Law School, Chennai
Dr. Fowmina. C, Vinayaka Mission’s Law School, Chennai
ABSTRACT
The concept “Surrogacy” has now emerged as one of the complicated issues over the boundaries. This technically comes under private international law. Moreover, different countries have different laws for these assisted reproductive technologies alike surrogacy. Because of these differences, many prospective parents migrate to other countries where the laws are more suitable and flexible for them to have a child through surrogacy. As like the coin has two sides, this practice similarly has a concern that it may bring out a serious legal problem. These include the major issues such as deciding that who the legal parents are, whether the foreign court’s judgments will be binding in another country, and which country will give the child citizenship. These disputes always arise when the commissioning parents return to their home country after surrogacy and claim a legal recognition of their parental status. Once, India acts as a hub for international commercial surrogacy. But now it brought stricter regulations and grab control of it through Surrogacy (Regulation) Act, 2021. Because, still countries face legal confusion exists on each other. This continues to cause a risk that some children may not get citizenship. This paper examines about cross border surrogacy using the lens of private international law. It delves into the legal developments in India and other countries, and it agrees that there should be common international rules to protect the child’s welfare in its best interests while also respecting each country’s authority to make its own laws.
Keywords: Cross border surrogacy, Conflict of laws, Parentage, Nationality, Statelessness, Private international law, India.
