Surrogate Parenthood for Indian Homosexuals – Dream or Reality?

16 Pages Posted: 10 Feb 2011  

Nishant Chaturvedi

Hidayatullah National Law University

Priyesh Sharma

Hidayatullah National Law University

Karandeep Makkar

Khaitan and Co

Date Written: February 8, 2011

Abstract

This idea of sex without the possibility of conception has been used by the judiciary over the last 140 years to characterize homosexuality as a ‘perversion’, ‘despicable specimen of humanity’, ‘abhorrent crime’, ‘result of a perverse mind’ and ‘abhorred by civilized society’.

With the judgment of Delhi High Court , there can be expected a change in the situation both at the social and legal platform. However the same has been countered by religious groups. Although rights may be granted legally, they cannot be enforced unless there is a favourable social climate. With this, several concerns and controversies have been raised at the same time. The nation stands divided on the point. Other than the issue of enforceability, another major concern or more precisely “confusion” is regarding the legal consequences of this judgement; since it only “decriminalizes” the section 377 and has not legalized it yet. The focus of authors in this article would be mainly on the Right of Indian homosexuals to have surrogate children in the light of this recent Delhi HC judgment .

India serves innumerable single and same-sex intended parents who wish to have a child through surrogacy. With our experience, we find that single and same-sex parents are a lot aware of their rights, much more than what a heterosexual intended parent usually does. Now, India has opened itself with welcoming hands for embracing this world of homosexuality. The gay community can now proudly come forward to announce themselves as what they are. Now at least, it is not criminal to be what they are.

Keywords: homosexuality, surrogate parents, indian penal code

Suggested Citation

Chaturvedi, Nishant and Sharma, Priyesh and Makkar, Karandeep, Surrogate Parenthood for Indian Homosexuals – Dream or Reality? (February 8, 2011). Available at SSRN: https://ssrn.com/abstract=1757784 or http://dx.doi.org/10.2139/ssrn.1757784

Nishant Chaturvedi (Contact Author)

Hidayatullah National Law University ( email )

Uperwara Post, Abhanpur,
New Raipur, Chattisgarh 493661
India
09826849198 (Phone)

Priyesh Sharma

Hidayatullah National Law University ( email )

Uperwara Post, Abhanpur,
New Raipur, Chattisgarh 493661
India

Karandeep Makkar

Khaitan and Co ( email )

Bangalore, Karnataka
India

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