Socio-legal aspects of surrogacy arrangement: From Indian perspective

Pages: 1406-1410
Deepak Upadhyaya (Department of Journalism and Mass Media, Tripura University (A Central University), Tripura)
Jayanta Dhar (P.G. Department of Law, Tripura University (A Central University), Tripura)

Right to reproduction through Surrogacy arrangements has a wide prospect throughout the world despite of socio-legal and ethical controversies. Commercial surrogacy, as a form of ART, has often been a topic of debate in lack of adequate State regulatory regime. Surrogacy sets forth certain new dimensions before the society with an endeavour of redefining the age old concepts of the society that are of great concern when viewed from the human rights perspective viz family, parenthood, motherhood and child that makes the issue to be a concern in International Scenario. India, with a recent glorious history of achievements in Commercial Surrogacy is still facing the crises for an adequate regulation. Lack of adequate regulation to address the practise of surrogacy has revealed such pragmatic paradigm that justifies further emphasis of State authorities to stand for the vulnerable fractions engaging in the contractual pregnancy even though such agreements falls under the private laws. Thus, the contemporary practise of surrogacy arrangement must be regulated by adequate state regulatory regime. Surrogacy arrangement is not just another fertility treatment and hence there is a need for the moderate surrogacy law that can appreciate surrogacy arrangements as a socio-legal aspect.