Surrogacy Contracts In India
- IJLLR Journal
- Feb 28
- 2 min read
Adv. Harshada Ishwar Chaudhari, B.Sc., LLB, LLM, Shri. Navalmal Firodia Law College, Pune (SPPU)
ABSTRACT
“In the fertile plains of legal discourse, where human compassion meets contractual intricacies, the phenomenon of surrogacy contracts in India emerges as a captivating narrative, weaving through the fabric of law and morality.” In the early 2000s, surrogacy became popular in India due to its affordable medical services, skilled healthcare providers, and loose regulations. However, worries about exploitation led to government action, resulting in the Surrogacy (Regulation) Bill to clarify legal issues around surrogacy contracts. India’s Surrogacy (Regulation) Act, 2021 now governs surrogacy contracts, prohibiting commercial surrogacy and limiting altruistic surrogacy to married Indian heterosexual couples of at least five years. These rules prioritize ethics and safeguard the rights of surrogate mothers and children born through surrogacy. Surrogacy contracts in India limit commercial surrogacy and specify criteria for altruistic surrogacy, ensuring ethical standards and protecting the rights of all involved parties. The contractual adequacy in addressing the rights, responsibilities, and welfare of surrogate mothers, intended parents, and children, and proposing improvements for fairness, ethical integrity, and legal compliance. The legal frameworks governing surrogacy contracts in India strive to balance the interests of surrogate mothers, intended parents, and children, yet there is a gap in addressing their rights and welfare comprehensively, suggesting a need for reforms to enhance fairness, ethical standards, and legal compliance. Proposing thorough legislation for surrogacy contracts, covering rights, fair compensation, healthcare access, parentage recognition, and strict oversight to prevent exploitation and maintain ethical standards. The researcher has undertaken the topic to analyse the legal, ethical, and social dimensions of surrogacy contracts in India and propose reforms to ensure fairness, protection, and ethical integrity for all parties involved.
Keywords: Fair compensation, Legal Frameworks, Medical Services, Surrogacy Contracts, Surrogate Mother.
