Abstract

“The Parents construct the child biologically, while the child constructs the parents socially” This is a quote that aptly describes surrogacy agreements where a third party agrees to carry the child of a non-bearing parent. India is often called the “surrogacy capital of the world”, but this capital has often been plagued with problems of exploitation, social stigma and ignorance. The Indian legislation has taken many steps from 2005 to legally recognise this issue but this road to progress still has many potholes to fill. In this essay the author tries to understand the concept of surrogacy, its background, analyse the legal framework, comprehend the dissenting arguments for surrogacy and conduct a comparative analysis on various factors of surrogacy with legislations of other countries.

Keywords