Abstract

Surrogacy is a scientific medical technology that also encompasses social ethics, economics, and the law, it is nonetheless restricted by surrogacy laws. The Hon'ble Supreme Court of India recently had the opportunity to address two key reproductive rights issues relating to surrogacy and reproductive freedom. The need for surrogacy law is important because the reproductive freedom entailed by surrogacy not only falls under the area of personal freedom but also is a fundamental human right. The National People's Congress and its standing committee can write laws to offer legal direction for surrogacy, and in the meantime, the law should protect the legal rights of the surrogate mother, surrogate child, and surrogacy client. According to the Supreme Court, a woman has the right under Article 21 to make her own reproductive decisions, but the Medical Termination of Pregnancy Act places the decision to have an abortion in the hands of medical professionals. Numerous privacy issues are connected to the surrogacy procedure. The paper aims to provide and highlight the issue that ‘whether surrogacy comes under the freedom of women and reproductive choice and its scope.’

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