Surrogacy: The Validity Of Surrogacy (Regulation) Act 2021 In Light Of The Fundamental Rights

Surrogacy: The Validity Of Surrogacy (Regulation) Act 2021 In Light Of The Fundamental Rights Under The Constitution Of India (1950)

Utkarsh Mishra & Ishan Chhokra, BA.LLB (Hons), The University of Petroleum and Energy Studies

ABSTRACT

The institution of marriage is the social order that must be followed in the event that a married couple want to have children. But this need can never be satiated for a couple that struggles with infertility. Over the course of a few of centuries, the adoption of legislation has been the universal means by which the desire of an infertile couple to have a child has been met. This paper will enlighten on to core areas whether the fundamental right which are guaranteed under the part III of the constitution of India 1950 includes the surrogacy. Also the researcher will define the meaning of surrogacy and its evolution over the span of time. In this the researcher will also analyze the Act which was passed by the parliament of India & the act called as Surrogacy (Regulation) Act 2021. Also whether the Act passed by the government what are the precautions they have taken in the act and what are the penalties did the government have inflicted towards the commercial surrogacy. What are the other arrangements did the government has done in the Act regarding power and what are the function vested to the authority.

Keywords: Constitution of India 1950, surrogacy, surrogacy (Regulation) Act 2021, fundamental right (Part III).