Legal Rights of a Surrogate in India

Nikita Ninad Bokil
Symbiosis Law School, Pune, India
Grishma Mahatme
Symbiosis Law School, Pune, India

Volume III, Issue II, 2020

The most beautiful thing which the nature has bestowed on women is the privilege creating a new life within herself, giving life to a new human in this world. This privilege is not bestowed on some women by nature because of many reasons such as blockage in the fallopian tube, weak uterus, by birth defect, and many more reasons. The Twenty First Century with its advancement in the medical field, introduced many alternative options for the women who cannot naturally conceive, so that they too are not deprived the joy of motherhood. One of such form of invention was that of ‘Surrogacy’. Surrogacy is a well-accepted method of reproduction in which a woman agrees to become pregnant for the gestation purpose and give birth to a child for a contracted party. Through this paper, the authors will discuss the evolution of surrogacy along with its birth in India. The main person who goes through the whole process of surrogacy along with the parents is the woman who agrees to be womb for the child of the couple to grow and nurture and therefore her conditions and role in the said process is a very important aspect to discuss. The paper will discuss in detail the rights and duties of a surrogate and also the legal rights which our law guarantees such surrogate women. The paper will also have a comparative study on the rights given to the surrogate mother in various other countries.


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