Surrogacy in Bangladesh: Law, Ethics, and Policy Analysis

This paper examines the legal, ethical and policy dimensions of surrogacy in Bangladesh. Drawing on legal analysis and comparative research, we find that Bangladesh currently has no dedicated surrogacy statute, effectively placing all surrogacy arrangements in a legal vacuum. In practice surrogacy is regarded as impermissible under prevailing norms, and UK government guidance confirms that “surrogacy is illegal in Bangladesh”. Meanwhile, infertility is culturally stigmatized in Bangladesh, creating pressure on infertile couples. We review international debates (including women’s rights, commodification and children’s identity) and survey laws in India, Pakistan, Iran and Malaysia. In those comparisons, Bangladesh’s absence of regulation contrasts with India’s strict altruistic-only framework, Pakistan’s judicial ban on commercial surrogacy, Iran’s permissive Shi’a-based system, and Malaysia’s religious ban. We also consider Bangladesh’s constitutional commitment to gender equality alongside its status as a Muslim-majority state (Islam is the state religion), noting that Sunni Islamic bioethics treats surrogacy as invalid. Finally, we propose a balanced regulatory framework for Bangladesh. Key recommendations include legalizing only altruistic, clinic-regulated surrogacy with strict consent procedures, health safeguards and instant recognition of intended parents – tailored to local cultural and religious values. A formal law would protect surrogate women and children (upholding their rights under international child-rights standards), reduce exploitation, and resolve the current ambiguity.