Adoption v. Surrogacy - An Indian Comparative Legal Analysis

17 Pages Posted: 5 Jul 2015

Date Written: July 1, 2015

Abstract

The 2001 census of India shows the number of married couples to be 173,044,576. Due to the change in the lifestyle and the pattern of living in today’s times, the number of couples who have various medical problems in conceiving has risen tremendously. The recent National Family Health Survey, for example, estimates childlessness as 2.4 percent of currently married women over 40 in India, one in every six couples being infertile. These people, including other couples who may not have had children due to other reasons, then resort to other measures like adopting a child, surrogacy, etc.

Though these methods are a boon to many couples across the country, however there exist several lacunae with respect to their implementation. There are numerous hindrances that people may have to face like increased costs, difference in various personal laws, etc. The latter is a common problem that is faced in India due to the divergence in adoption and other laws across various religions practiced in the country.

This paper is thus a humble attempt to provide a comparative analysis of these two above mentioned options i.e adoption and surrogacy with respect to India and discuss the several aspects with reference to feasibility, cost etc. Last but not the least, the legal provisions highlighting the lacunae with respect to various personal laws would also be dealt with in detail.

Keywords: Adoption, surrogacy, personal laws

JEL Classification: K39

Suggested Citation

Satyan, Kanika, Adoption v. Surrogacy - An Indian Comparative Legal Analysis (July 1, 2015). Available at SSRN: https://ssrn.com/abstract=2625608 or http://dx.doi.org/10.2139/ssrn.2625608

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