Law and Policy on Surrogacy: A Socio-Legal Study in India

Surrogacy is flourishing in India as commercial surrogacy has been legalized by the Supreme Court which has led to increase in international confidence for resorting to this arrangement for medical tourism making India a lucrative destination for Surrogacy. This book highlights a draft legislation on the subject which can regulate and have a check on the use and misuse of these arrangements which are drawn in a random fashion and are exploitative especially since surrogates are mostly from weaker socio-economic sections of the society. Many childless foreigners from all over the world flock in India due to its low cost less restrictive/flexible laws lack of regulation of ART clinics illiteracy lack of power possessed by India women and easy availability of poor Indian surrogates. ART Clinics are also becoming more competitive not just in pricing but also in the hiring and retention of Indian females as surrogates. It is essential that the practice of surrogacy be legally regulated to prevent victimization of both the surrogate and intended commissioning parents. The focus is on legalizing altruistic surrogacy and prohibiting commercial one.