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Trafficking Of Children For Illicit Adoption And Surrogacy: Legal Vacuum And Regulatory Failures In India




Aman Sonkar, Assistant Professor, Motherhood University, Roorkee, Haridwar, Uttarakhand


ABSTRACT:


The trafficking of children for illicit adoption and surrogacy remains a critical issue in India, revealing a disturbing intersection of legal inadequacies, regulatory failures, and socio-economic vulnerabilities. Despite legislative measures aimed at curbing human trafficking and ensuring ethical adoption and surrogacy practices, India continues to witness alarming cases of child trafficking, where children are exploited for illegal adoptions and commercial surrogacy arrangements. This paper examines the legal framework surrounding child trafficking in India, focusing on its relationship with adoption laws, the regulation of surrogacy, and the enforcement of anti-trafficking measures. It critically analyzes existing gaps in legislation and enforcement mechanisms, exploring how they contribute to the persistence of illicit activities in adoption and surrogacy. The paper also assesses the role of various stakeholders, including governmental bodies, non-governmental organizations, and the judiciary, in addressing these challenges. By identifying systemic weaknesses, this research calls for comprehensive reforms to strengthen legal protections for children, ensure greater accountability in adoption and surrogacy processes, and provide more robust safeguards against exploitation. Ultimately, it advocates for a more cohesive and coordinated approach to tackling child trafficking and related offenses in India, ensuring that the rights and welfare of children are prioritized.


Keywords: Child trafficking, illicit adoption, surrogacy, legal framework, regulatory failures, India, child protection.



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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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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