Abstract

http://ssrn.com/abstract=1962231
 


 



'You Can Use My Uterus'- New Horizons of Law Relating to Surrogacy


Preeti Chaturvedi


National Law University, Orissa (NLUO) at Cuttack

Churchi Mandakini


affiliation not provided to SSRN

November 20, 2011


Abstract:     
Mothers have been considered symbolic of god and the misfortune of childlessness cannot be elucidated. The problems in conceiving forced women to think of an alternative and started the whole business of surrogate mothers. Surrogacy has been the centre of burning debates and has received arguments for and against its legalisation. With the advancement of technologies, gestational surrogacy has been possible where the partner’s sperm is implanted into surrogate’s uterus. Surrogacy is presumably considered legitimate because no Indian law prohibits surrogacy. But this silence of law can obviously not be interpreted as a green signal for any future surrogacy arrangement. However, the changing face of law is now going to usher in a new rent-a-womb law as India is set to be the only country in the world to legalise commercial surrogacy by virtue of Assisted Reproductive Technology Bill, 2010. This paper is a humble attempt to discuss the pros and cons of the bill and it also puts forward few contentions of recognising/legalising surrogacy contracts in the country.

Jeremy Bentham looked upon ‘law’ as an instrument for securing the “greatest good of the greatest number”. Surrogacy is becoming a practice to earn. The paper also sheds light on how the intended parents are established as the legal parents of the child. Surrogacy is a boon or a bane? This controversial question is the spotlight of the 228th Law commission Report on which this paper focuses upon.

This paper will address the need for legalization of surrogacy from the perspective of fundamental right. Surrogacy has inscrutable impact on the primary unit of the society i.e. family, and therefore, connivance of Law about this knotty issue may prove to be a regrettable step in the future. The paper also submits that if the society allows organ donation, blood donation, wet nursing and other such analogies then why not surrogacy? In my opinion this issue of use of new reproductive technology must be dealt with meticulously by the legislature of our time and reluctance about legalising surrogacy must be relinquished.

Keywords: Surrogacy, Assisted Reproductive Technology Bill, 2010, Jeremy Bentham, 228th Law commission Report, fundamental right

working papers series


Not Available For Download

Date posted: November 21, 2011  

Suggested Citation

Chaturvedi, Preeti and Mandakini, Churchi, 'You Can Use My Uterus'- New Horizons of Law Relating to Surrogacy (November 20, 2011). Available at SSRN: http://ssrn.com/abstract=1962231 or http://dx.doi.org/10.2139/ssrn.1962231

Contact Information

Preeti Chaturvedi (Contact Author)
National Law University, Orissa (NLUO) at Cuttack ( email )
tulsipur, chahata ghat
cuttack, OR
India
Churchi Mandakini
affiliation not provided to SSRN
Feedback to SSRN


Paper statistics
Abstract Views: 520

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.844 seconds