SURROGACY AT THE CROSSROADS: NAVIGATING LAW AND MORALITY

Surrogacy has surfaced as a significant
advancement
in
assisted
reproductive
technology, providing a means to parenthood
for individuals and couples who are struggling
to conceive or sustain a pregnancy. Surrogacy is
the practice in which an individual carries and
delivers a child for a third party. In the present
scenario it has arisen as a multifaceted
convergence of legal, ethical, medical, and
human rights considerations. The progress in
assisted
reproductive
technologies
has
broadened the possibilities for parenthood,
however, it simultaneously prompts significant
enquiries
regarding
contractual
bodily
obligations,
legal
autonomy,
and
the
commodification of reproduction. The diversity
of
frameworks
across
different
jurisdictions is notable, with certain nations
permitting
commercial
surrogacy,
others
restricting it to altruistic arrangements, and
many outright prohibiting the practice. The
objective of the article is to explore the
discussions surrounding the legal and ethical
considerations which center on matters of
exploitation, consent, and the well-being of both
surrogate mothers and their offspring. The
article focuses on the Surrogacy Regulation Act
2021 supported by ICMR guidelines which
establishes a prohibition on commercial
surrogacy, permitting solely altruistic surrogacy
arrangements. Further the articles concludes
that to effectively tackle these challenges, it is
imperative that surrogacy be governed by
stringent regulations within a framework that
prioritises altruism, ensuring that such
arrangements are founded on compassion rather
than financial gain.