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Surrogacy Laws: An Understanding In The Indian Context

Shikha Dhaliya, Galgotias University (School of Law) Gr. Noida


The exquisite capacity for life-creation that women possess has been gifted by nature. Every woman in the world loves being a mother, yet for various reasons, many women worldwide are unable to give birth to children. Despite serving as a substitute, adoption is not encouraged in the majority of societies, including Indian society. The preferable option in this case is commercial surrogacy. However, because commercial surrogacy involves a second mother and is controversial in India due to the conservative nature of the country, it has received a variety of criticisms. Although there have been several discussions and debates about the matter. The moral and legal implications of commercial surrogacy are generally unclear. Hence The major goal of this study, which employs the sampling approach, is to identify the unfavourable elements that have a detrimental effect on commercial surrogacy in India. In the paper, the legal ramifications of surrogacy in India are attempted to be evaluated. The article attempts to comprehend the ethical concerns surrounding surrogacy in India through empirical research. Finally, an effort is made to provide practical advice for India's legalisation of surrogacy. With the aid of quantitative and analytical methods, it can be determined that the notion of commercial surrogacy in India does not include significant legal and moral obstacles. It is advised that new legislation be passed so that issues relating to commercial surrogacy would be handled by it. Furthermore, sufficient measures must be taken so that people can at least comprehend the encouraging indicator.

Keywords: surrogacy, women, fertility, legal, moral, India


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


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.


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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