Surrogacy In India And USA: A Comparative Study
- IJLLR Journal
- 4 days ago
- 1 min read
Payal Ramesh Wayal, B.A. LL.B. (Hons), LLM (Constitutional Law), Maharashtra National Law University Chhatrapati Sambhajinagar (Aurangabad)
ABSTRACT
A type of assisted reproductive technology known as surrogacy, or ART, has become a vital route to parenting for "individuals and couples who are unable to conceive". Nonetheless, the process brings up a variety of moral, legal, and societal concerns that vary widely among nations. The comparative examination in this paper focuses on the development, regulation, and socio- legal implications of surrogacy legislation in the US and India. Surrogacy in India has changed from a commercial practice with loose laws to a more rigorous and ethically regulated sector. The United States, on the other hand, has a fragmented legal system with rules that vary greatly between states due to its federal structure. By examining historical trends, important court decisions, and current legislative proposals, the study seeks to understand how legal regimes balance concerns about exploitation, commoditization, and motherhood with individual reproductive rights. A uniform legal and moral framework that protects the rights of intended parents and surrogate mothers alike is necessary, according to the paper, which also examines the rising desire for moral regulation in both nations.
Keywords: Reproductive rights, conceive, commercial, parentage
