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Surrogacy Laws: Worldwide Comparative Study And The Regulatory Framework In India




Smriti Verma, B.A. LL.B. (Hons.), Amity University, Lucknow


ABSTRACT


This study explores the complex regulatory environment surrounding surrogacy in India, looking at the practice's historical development as well as the many legal, moral, and cultural factors that come into play.


Certain legal and certain theological concerns with surrogacy were covered in the current study. The study compares the legal frameworks and concerns surrounding surrogacy in India and other nations. Although many countries have either passed or proposed legislation pertaining to surrogacy, those most impacted by the practice lack knowledge about these rules and how to apply them. This was seen in numerous instances all throughout the world. The article navigates the complexities of the Surrogacy (Regulation) Act,2021, outlining its influence and resolving current restrictions, starting with the rise of India as a global hub for commercial surrogacy and continuing with later regulatory improvements.


The core of the article consists of eleven recommendations that are specific to the Indian context and call for broad law, surrogate mother autonomy, parental rights recognition, and ethical standards. These recommendations include regulations pertaining to overseas surrogacy, anti-discrimination measures, and public education campaigns.


The paper's ultimate goal is to create a legal framework that respects India's cultural diversity and promotes a moral, open, and transparent surrogacy arrangement environment.


Keywords: Surrogacy, comparative analysis, regulatory reforms, Law and Policy.

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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Licensing: 

 

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.

 

Disclaimer:

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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