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Gay Couples Seeking Parenthood Through Surrogacy





Ananya Bhatnagar, Symbiosis Law School, Hyderabad, Symbiosis International Deemed University, Pune


ABSTRACT


The desire and motivation of parenthood has been mostly described as a reproductive concern for women, while men’s interest, their decision-making, their reproductive experiences have not been assimilated to a large extent. Same sex couples are more often than not projected as nonchalant and uninterested in children and parental care, but an increasing number of same sex couples are considering the option of surrogacy as a way of family building. . In recent years, supported reproductive technologies have evolved at an exceptional pace. This, along with the changing legal, technological and social environment, allows same sex couples to explore their parenthood prospects outside the traditional family view. The motivation for same sex parents and their experiences of surrogacy is influenced by the changing socio-legal and technological scenario in a culture in which heterosexual parenting takes precedence. Same sex parenthood achieved through assisted reproductive methods is under extensive research internationally. Surrogacy for same sex couples has often been described as complex and challenging, however, it also provides them with the opportunity to have a genetically-related child. This article seeks to analyze surrogacy in the context of same sex couples, surrogacy laws and the discrepancies surrounding it.


KEYWORDS: same sex couples, surrogacy, assisted reproductive technologies, parenthood, socio-legal challenges, laws and discrepancies.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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