Wombs of Change: Ethical Paradigms in Surrogacy Legislation

  • Afifa Sherin
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  • Afifa Sherin

    Advocate at Bar Council of Delhi, India

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This research explores the multifaceted dimensions of surrogacy, focusing on its ethical, legal, and societal implications. It delves into the historical, cultural, and psychological aspects of parenthood, emphasizing the transformative nature of the journey. Infertility, affecting one in six couples globally, has led to advancements in Artificial Reproductive Technology (ART), including surrogacy. The legal landscape, particularly in India, is scrutinized, with attention to recent developments in surrogacy regulations. The Delhi High Court's concerns about potential exploitation and the clash between commercial interests and ethical considerations are highlighted. The Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021, form the current legal framework, raising questions about discrimination, arbitrariness, and the constitutional validity of these regulations. The commercialization of surrogacy, termed "wombs for rent," is discussed, with a focus on India's role as a surrogacy market. The paper explores the ethical and moral dilemmas associated with surrogacy, including potential harm to surrogate mothers, the interests of the child, and the degradation of women's dignity. The debate on whether surrogacy equates to prostitution is analyzed, considering the commodification of reproductive abilities. The research further delves into the empowerment versus exploitation narrative, particularly regarding economically disadvantaged women entering surrogacy arrangements. Traditional and religious perspectives on surrogacy are juxtaposed with modern medical advancements, posing challenges to established norms. Emotional toll on gestational mothers, legal and emotional dynamics post-birth, and the overall humanization of ethical considerations are scrutinized. The study concludes by emphasizing the need for nuanced approaches to surrogacy issues, considering women's autonomy, human rights, and the broader societal responsibility to ensure empowering rather than exploitative choices in surrogacy contracts.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 200 - 208

DOI: https://doij.org/10.10000/IJLMH.116504

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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