Legal sanctity of surrogacy in India

Pages: 386-390
Vikas Chaudhary (Department of Law, C.R. Law College, Hisar, Haryana)

In the concept of surrogacy the maternity issues seems to be at stake. Surrogate motherhood is defined as, when one woman carried the fertilized egg of another woman. Another type of surrogate motherhood is when a woman contract to carry a child for a couple and then is artificially inseminated with the sperm of husband of the commissioning couple. The surrogate mother uses her own egg in this situation the wife may be capable of producing eggs but has no womb or some other physical impediment which prevent her from carrying child. The surrogacy is used by married couples who are unable to have children due to wife’s inability either to conceive or to carry foetus to term. The legitimacy of the child born out of surrogate parenthood is the issue which Indian legislation fails to answer. There is a corridor of uncertainty and haze of confusion regarding the concept of Artificial Insemination Donor (AID). So immediate legislation is the need of the hour.