Inheritance Rights Of A Child Born Out Of Surrogacy
- IJLLR Journal
- 57 minutes ago
- 2 min read
Diya Gera, Manipal Academy of Higher Education, Bangalore
ABSTRACT
This paper aims to examine the complex issue of inheritance rights of children born through surrogacy arrangements. It explores the gaps in existing personal and succession laws, evaluates the legitimacy and parentage of surrogate-born children, and argues for reforms that align inheritance rights with the legal recognition of intended parents. The study seeks to highlight how current inconsistencies create ambiguity, and emphasizes the need for clear legislative amendments to protect the rights of children born out of surrogacy.
Procreation of children is one of the main objects of marriage. It is a natural desire of every human being to leave behind his descendants for the continuity of lineage. Matrimonial happiness depends not only on satisfying biological need of sexual urge but also on begetting of a child. A situation of childlessness results in depression and insecurity amongst the parents and affects them not only psychologically and socially, but also discontinues their lineage. Surrogacy has been found to be a more suitable alternative than adoption for such couples, as the child which is born has a genetic connection with the parents. The Universal Declaration of Human Rights, 1948 opines, inter alia, that “Men and women of full age without any limitation due to race, nationality or religion have the right to marry and form a family”.
The roots of surrogacy in India can be traced back to 3 October 1978, as on this date, Kanupriya alias Durga was born in Kolkata using the In Vitro Fertilization (IVF) technique, few months after the world’s first IVF boy, Louise Joy Brown, was born in Great Britain on July 25, 1978. Following the Supreme Court’s decision in Manji Yamada v. Union of India India emerged as a global hub for international surrogacy owing to the absence of statutory regulation and the legalization of commercial surrogacy. However, this permissive regime later underwent a fundamental shift. With growing concerns about exploitation of women, commodification of children, and ethical issues, Parliament enacted the Surrogacy (Regulation) Act, 2021, which criminalises commercial surrogacy and permits only altruistic surrogacy under strict conditions.
