SURROGATE CHILD AND THE LAW

Abstract

A surrogate child is brought into existence due to the desire of the heterosexual
infertile couples, or homosexual couples or single individuals to have a child of their
own. Thus the surrogate child may be deprived of the natural consequences which are
applicable to a child born to married heterosexual couples through natural
procreation. For example, the very status of the surrogate child is debatable i.e.
whether a surrogate child is legitimate or illegitimate. Further, questions regarding
maintenance and inheritance of a surrogate child are also relevant. It is very essential
to have a clear answer to all these issues so as to protect the rights of the surrogate
child and ensure its welfare. This chapter examines in detail the problems which a
surrogate child may face and the various legal and ethical issues related to surrogate
child. It also discusses the different rights of surrogate child and the need to protect
those rights.