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This book is an effort to present the knotty concept of surrogacy and its various forms. The book focuses on legal and judicial approach towards surrogacy in various countries. The 228th Report of Law Commission of India, ART Regulation Bill, 2010, Visa Regulations, ART Regulation Bill, 2014 and the Surrogacy Regulation Bill, 2019, legal nature of surrogacy under Constitution and Indian Contract Act, 1872, Medical Visa Regulations have also been duly analyzed.
This book is an effort to present the knotty concept of surrogacy and its various forms. The book focuses on legal and judicial approach towards surrogacy in various countries. The 228th Report of Law Commission of India, ART Regulation Bill, 2010, Visa Regulations, ART Regulation Bill, 2014 and the Surrogacy Regulation Bill, 2019, legal nature of surrogacy under Constitution and Indian Contract Act, 1872, Medical Visa Regulations have also been duly analyzed.
Dr. Rekha Pahuja hails from the Jalgaon city. She completed her LL.M. from Pune University with flying colours in the year 2005. She did specialization in Corporate law and law of Contract. She secured Ph.D on the topic of – “A Socio Legal Study on Surrogacy in India” from Kavayitri Bahinbai Chaudhari North Maharashtra University, Jalgaon. She received UGC funded Minor Research project in April, 2017. She is an editor of International Journal of Innovative and Informative Multi- Disciplinary Research, Associate Editor of GAP Interdisciplinarities (A Global journal of Interdisciplinary Studies) and Life member of Grand Academic Portal. She has over 30 publications to her credit in various national and international journals and also presented papers at various seminars conference both at national and international level. She is recognized as a Research Guide at Kavayitri Bahinbai Chaudhari North Maharashtra University, Jalgaon. She has guided as many as 18 students in LL.M. dissertation work. She has over 11 years of teaching experience at UG level and 7 years at PG level.
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Dr. Rekha Pahuja hails from the Jalgaon city. She completed her LL.M. from Pune University with flying colours in the year 2005. She did specialization in Corporate law and law of Contract. She secured Ph.D on the topic of – “A Socio Legal Study on Surrogacy in India” from Kavayitri Bahinbai Chaudhari North Maharashtra University, Jalgaon. She received UGC funded Minor Research project in April, 2017. She is an editor of International Journal of Innovative and Informative Multi-Disciplinary Research, Associate Editor of GAP Interdisciplinarities (A Global journal of Interdisciplinary Studies) and Life member of Grand Academic Portal. She has over 30 publications to her credit in various national and international journals and also presented papers at various seminars conference both at national and international level. She is recognized as a Research Guide at Kavayitri Bahinbai Chaudhari North Maharashtra University, Jalgaon. She has guided as many as 18 students in LL.M. dissertation work. She has over 11 years of teaching experience at UG level and 7 years at PG level.
This book is an effort to present the knotty concept of surrogacy and its various forms. There are various reasons why surrogacy is resorted to. All the parties involved in surrogacy arrangement possess different Human Rights. Therefore, balancing of various conflicting and competing human rights of all the parties is duly considered. The book also focuses on legal and judicial approach towards surrogacy in various countries. The dearth of special legislation on surrogacy in India, 228th Report of Law Commission of India, ART Regulation Bill, 2010, Visa Regulations, ART Regulation Bill, 2014 and the Surrogacy Regulation Bill, 2019 are also discussed and appended.
The present Bill that is the Surrogacy (Regulation) Bill, 2019 was introduced in Lok Sabha on 15th July, 2019 by the Ministry of Health and Family Welfare. The Bill aims to ban commercial surrogacy and only allows it among close relatives. The proposed law allows surrogacy for couples that cannot have children. Health Minister JP Nadda said the aim of the bill was to stop commercial surrogacy but at the same time save families by allowing them to have children by using modern science. Thus, the main aim the aim is putting an end to the exploitation of poor women who agree to become surrogate mothers for money. It allows ethical surrogacy to the married infertile couples.
Besides, the stark realties of commercialization of surrogacy in India, its social acceptance, adoption and parentage rules, legal ethical moral issues arising out of surrogacy in India, legal nature of surrogacy under Constitution and Indian Contract Act, 1872, Medical Visa Regulations are duly analyzed.
It is an honest attempt to compile all the materials whatever may be available to clear the legal, judicial and social picture of surrogacy in India so that it may be helpful to the readers to understand it its proper perspective.
I must be thankful to the great authors and publishers of those references of Bibliography. Suggestions from the readers for improvement are welcome and will be gratefully acknowledged.
Jalgaon
Dr. Rekha Pahuja
January, 2021
Chapter 2 Human right jurisprudence of surrogacy
Chapter 3 International perspective towards surrogacy
Chapter 4 Indian scene on surrogacy
Chapter 5 Commercialization of surrogacy and stark realities
Annexure I 228th Report of Law Commission of India [Need for Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy]
Annexure II Assisted Reproductive Technology (Regulation) Bill, 2010
Annexure III The Surrogacy (Regulation) Bill, 2014
Annexure IV The Surrogacy (Regulation) Bill, 2018
Annexure V The Surrogacy (Regulation) Bill, 2019
1.2 Meaning of the term surrogacy
1.3 When surrogacy arrangement is resorted to
1.5 Human rights Jurisprudence and surrogacy
1.6 Universal Declaration of Human Rights Perspective
1.6.1 Views of Indian Judiciary
1.8.2 United States of America
1.9 Indian scenario on surrogacy
1.10 Some other aspects of surrogacy
1.11 Moral and ethical considerations
1.12 Commercialization of surrogacy in India
1.13 The Surrogacy (Regulation) Bill, 2019
Chapter 2 Human right jurisprudence of surrogacy
2.3 Human right of reproduction and infertile couple
2.3.1 Meaning of reproductive rights
2.3.2 Right of women to conceive:
2.4 Human right to health and the surrogate mother
2.5 Human rights of child and the surrogate child
2.5.1 Violation of dignity of surrogate child
2.5.2 Right of child to breast feed
2.5.3 Right to get natural love and affection
2.5.4 Refusal to accept the child due to abnormality
2.5.5 Death or divorce between commissioning couple or termination of surrogacy contract
2.5.6 Psychological threatening to child
2.5.8 Adverse effect on sense of identity and positive self-esteem
2.6 Human right to work and assisted Reproductive Technology Clinics under The Surrogacy (Regulation) Bill, 2019
Chapter 3 International perspective towards surrogacy
3.1.2.1 Meaning of “surrogate mother”, “surrogacy arrangement” and other terms. (Section-1)
3.1.2.2 Section 2, Surrogacy Arrangements Act, 1985
3.1.2.3 Section 3, Surrogacy Arrangements Act, 1985
3.1.5 Section 27(1), Human Fertilization and Embryology Act, 1990
3.1.7 Transferring legal parenthood
3.1.8.1 In Re Mw (Adoption Surrogacy)
3.1.9.3 In Re P (minors) (Wardship Surrogacy)
3.1.9.4 In Re w (minors) (surrogacy)
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