LEGAL AND HUMAN RIGHTS CONCERN RELATING TO COMMERCIAL SURROGACY IN INDIA

Nature has bestowed every woman with capability of procreating a life and thereby she can cherish the experience of motherhood. Right to procreate and reproduce is an inherent right of an individual. Every couple desire to have children since parenthood is eternally rewarding and life-changing experiences. The mental agony and pain of not fulfilment of this desire is immeasurable. Every community around the globe have given preference to the social institution of family. A family becomes complete only when there are partners along with their progeny. However, due to different factors, many couples are incapable to have their own baby and family is stigmatized. This problem has been resolved with the advent of surrogacy. The advancement in medical science has caused the emergence of surrogacy wherein reproduction is achieved by using the womb of a surrogate to reproduce child for another woman. It has now become an attractive option for an individual and partners to have a child in cases of infertility or any other reason. When the surrogacy is accomplished on the basis of contract that surrogate would be compensated for bearing the child, then considered as commercial surrogacy which has become widely recognized across the globe. However, apart from growth of commercial surrogacy in India, there are chances of exploitation against surrogate women and accordingly it has been prohibited under Indian Law. Even after the said prohibition, the surrogacy arrangement is still existing in the society. There are certain human rights and legal concerns pertaining to the commercial surrogacy which will be dealt in this article. The concept of commercial surrogacy and historical overview both at national and international level has been discussed in this research article. The article also mentions about the type’s pf surrogacies, factors involved in popularity of commercial surrogacy and legislations regulating it. Further, the article also dealt about the legal and human rights issues involved commercial surrogacy. The article thus concludes the after mentioning the concluding remarks followed by few relevant suggestions on commercial surrogacy.