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By Muthukarpagavalli. A & Sruthi Lakshmi V

The ever-rising prevalence of childlessness has led to the advancement of assisted reproductive technology (ART). This Paper dwells on one of the few techniques in ART, known as Surrogacy. It involves a third party known as surrogate mother, carrying a child in her womb in place of the legal mother due to infertility issues. Surrogacy has been legalized by several countries and there are two aspects attached to Surrogacy based on the monetary transactions involved- commerciality and non-commerciality.
The Concept of Surrogacy adds a third dimension to motherhood as well as parenthood, and as a result creates countless challenges for the legal system to impose laws on it. Surrogacy at the first stage, separates the role of rearing mother and the natural mother. Gestational surrogacy further breaks the latter down into genetic mother and birth mother, leaving two women with biological connections to the child. This creates huge amount of psychological, social and legal complications in the upbringing of the child.
For many years, Commercial surrogacy has been a part and parcel of the child birth system in India, as a result of which it has turned out to be a hub for Surrogates. To bring down such Industry and to regulate the practise, many legal provisions have been implemented in India. This is a humble attempt to trace out the Historical perspective of Surrogacy, present social stigma attached to it and to enumerate the legal provisions prevalent in India relating to Surrogacy with some recommendations.


©2020- Lex Humanitariae: Journal for a Change