Resolving Disputes Arising Out of Surrogacy

12 Pages Posted: 11 Jul 2007

See all articles by Pankaj Sattawan

Pankaj Sattawan

National Law University Jodhpur (NLUJ)

Partha Pratim MEdhi

North-Eastern Hill University (NEHU)

Date Written: May 4, 2007

Abstract

In this paper I have tried to resolve various ethical and legal controversies arising out of surrogacy, using as an example in vitro fertilization (IVF). In order to serve the fundamental right of an individual of marriage and procreation and resolve the problem of infertility, attempt should be towards regulating the surrogacy arrangements. The contractual approach seems to be the most appropriate followed with the intent based theory. Thus, focus should be on following a consistent path to serve the child's best interest followed with minimizing the pain of all parties.

Keywords: Medical Laws, Surrogacy

Suggested Citation

Sattawan, Pankaj and Medhi, Partha Pratim, Resolving Disputes Arising Out of Surrogacy (May 4, 2007). Available at SSRN: https://ssrn.com/abstract=998512 or http://dx.doi.org/10.2139/ssrn.998512

Pankaj Sattawan (Contact Author)

National Law University Jodhpur (NLUJ) ( email )

NH-65, Nagour Road
Kamala Nehru Nagar, Jodhpur
Mandore, Jodhpur, Rajasthan 34230
India

Partha Pratim Medhi

North-Eastern Hill University (NEHU) ( email )

Umshing-Mawkynroh
Shillong
Meghalaya, 793022
India

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