International Journal For Multidisciplinary Research

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A legal exploration of surrogate motherhood

Author(s) Ms. Rithanya - M, Ms. Pavithra P
Country India
Abstract Surrogacy, a practice where a woman carries and delivers achild for another person or couple, has become anincreasingly prevalent reproductive option worldwide. Thisresearch paper examines the psychological, social, economicand legal impacts of surrogacy on surrogate mothers. In India,surrogacy has evolved into a booming industry, oftenattracting economically disadvantaged women due to thefinancial compensation it offers. While this economicincentive can provide short-term financial relief, the long-term impacts on surrogate mothers are complex andmultifaceted. Many Indian surrogates face social stigma,emotional detachment challenges, and limited legalprotection, often exacerbated by inadequate healthcare andsupport systems. The Surrogacy (Regulation) Act, 2021,enacted by the Indian Parliament, aims to regulate surrogacypractices in the country, ensuring ethical and responsiblearrangements for all parties involved. This comprehensivelegislation prohibits commercial surrogacy, allowing onlyaltruistic surrogacy for eligible couples, including Indiancitizens, married for at least five years, and struggling withinfertility or medical conditions preventing naturalconception. The Act mandates registration of surrogacyclinics, stipulates stringent eligibility criteria for surrogatemothers, and grants them the right to withdraw consent
before embryo implantation. Additionally, intending couplesmust accept custody of the child, with penalties imposed forabandonment. Globally, countries have enacted varyingregulations to address surrogacy. In the United States, theUniform Parentage Act (UPA) recognizes surrogacy, whilesome states permit commercial surrogacy. The UnitedKingdom's Surrogacy Arrangements Act 1985 and Australia'sSurrogacy Act 2010 prohibit commercial surrogacy, allowingonly altruistic arrangements. These laws strive to preventexploitation, ensure informed consent, and safeguard therights and well-being of surrogate mothers, intendingparents, and children born through surrogacy. Effectiveregulation necessitates balancing individual reproductiveautonomy with state intervention, addressing concernssurrounding consent, exploitation, and the commodificationof human life. As surrogacy continues to evolve,policymakers, scholars, and stakeholders must engage inongoing dialogue to refine and harmonize laws, ensuring thebest interests of all parties involved. The findings underscorethe need for global standards that ensure the well-being ofsurrogate mothers, addressing the ethical, legal, andhealthcare disparities that exist across different surrogacypractices worldwide.
Keywords Surrogacy,socialstigma,taboo
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-04-05
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.40522
Short DOI https://doi.org/g9dg3f
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