Critical Analysis on Human Rights of Children Born through Assisted Reproductive Technology Surrogacy

Muthukrishnan.A and Sabari.Ch
The Tamilnadu Dr. Ambedkar Law University, Chennai, India

Volume III, Issue IV, 2020

Children are the future of the nation; they must be nurtured and well protected. Children must be given an environment that is conducive to healthy development, so that they become responsible citizens. State must ensure that their rights are not violated and must make every measure to protect their rights. In India, The constitution guarantees various special rights to children apart from other rights which are guaranteed to all. There are also various international conventions, Special laws ensuring the rights of children. Some of the rights are right to life, health, education, nationality, development, freedom from exploitation and abuse. All the rights are available to children of both the genders without discrimination. In spite of all the conventions and national laws there are various instances of violations of children rights.

Human rights are those basic rights, without which a person cannot live as a human being. Children are immature both physically and mentally and they need special care and protection. Tender age of children must be protected and not exploited. Physical, social, moral well being of children is very important. Children are future pillars and are real assets of the Nation. Best interest of the child is paramount. They have a right to healthy childhood; however their rights are grossly violated. Many children are subjected to sexual abuse, forced labour and rights of children born through surrogacy is also a growing concern in India. The present study has tried to analyse the rights of children born through assisted reproductive technology, surrogacy and few instances where such children rights are grossly violated.

Keywords: Human rights, Surrogacy, Nationality, Child abuse.