Surrogacy in India: A Legal Perspective

Surrogacy has been a topic of discussion for quite some time now. Though this has been for various reasons, the underlying factor has always been parenthood and the human desire to beget children. Years of unsuccessful copulation that fails to produce children often lead willing parents to take this step, the step of surrogacy. This article highlights the nature of surrogacy and the circumstances which necessitate such a step. With an introduction that highlights the definition, nature, and scope of surrogacy, the article attempts at defining surrogacy, especially from the Indian perspective. Though a common practice in almost all countries, there are certain commercial aspects of surrogacy that make it a profession, other than mere altruism. This can have negative effects and as such needs legal understanding. We discuss the historical beginnings of surrogacy as found in annals of history and also the legal framework concerning surrogacy in India. Also discussed is a comparison of surrogacy and adoption which seem to be the only recourse for parents who desire children but are unable to beget them. There are certain purposes and criteria for which surrogacy is permitted and this has also been discussed. We do not dwell upon the moral ‘right’ or ‘wrong’ of surrogacy which it often finds itself embroiled in, but we do touch upon all aspects of surrogacy, especially in India.