Abstract

The institution of motherhood is considered as one of the most prime events in the life of a woman in Indian Society. Due to this reason, inability to attain parenthood has numerous societal and psychological consequences, which results into instability in marriages, social and emotional trauma as well as negated self-esteem in the lives of infertile women. The societal pressure to have children has resulted into evolution of ART Industry, which has rapidly grown in the recent decades in India. Nevertheless, an allied issue which has always persisted along with frequent usage of reproductive technologies such as surrogacy is the question of its legitimacy, due to various underlying controversies and complexities involved in the subject matter. Furthermore, the issue also raises some serious concerns with regards to personal freedom and reproductive rights of women in the light of self-determination of rights over one’s own body and usage of newer reproductive technologies as a medium of women empowerment. Amidst technical and procedural complexities involved while exercising newer forms of reproductive mechanisms, there exists fundamental question of a properly chalked out legislative enactment on the subject matter. The paper shall focus on determining the ambit and scope of surrogacy and reproductive rights of women in the country and will critically evaluate the present legislative regime on subject matter. The paper shall also articulate and assess proposed legislations on the subject matter in form of Assisted Reproductive Technology Bill, 2013 and Surrogacy (Regulation) Bill, 2016 and 2019. Doctrinal Research methodology shall be adopted while undertaking the research and reliance shall be placed on landmark decisions of Hon. Supreme Court and High Courts on the subject matter. Finally, an attempt shall be made to provide concrete suggestions and recommendations on the subject matter.

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