Ban on Commercial Surrogacy in India: A Critical Analysis
Prof.Vaishali R.Thite
Assistant Professor
V. N. Patil Law College
Chhtrapati Sambhajinagar
Abstract
“Any fool can have a baby; it takes a smart woman to get paid for it[1].”
The mixture of technology and law always give rise to many complex techno-legal problems, and finding solutions for the same becomes a daunting task for lawmakers. But modern situations demand advanced solutions to balance the two out. A complete ban without reasonable justification is the first step of showing the powers enjoyed in dictatorship but sometimes, restrictive reformations help in bringing peace and sanity back to society. The Surrogacy laws are enacted with a higher vision of eliminating the pain of surrogate mothers and illegal transaction in the name of surrogate child’s wellbeing from the intending parents by fraudulent contractors. This paper will cover the historical as well as the reformative objective of the act. This research paper will put forth the sufferings and tortures tolerated by the surrogate mother, there being the most vulnerable of all and very easy to a make fool of themselves, by accepting the illegal methods of gaining surrogacy and make the readers question the worthiness of conducting commercial surrogacy. This paper asks a question, “Whether commercial surrogacy includes any valid contract clause.” The paper had tried to cover overall aspects of surrogacy and drew a critical analysis of a period when commercial surrogacy was allowed and that of post-ban period.
KEYWORDS: Commercial, Surrogacy, illegal, advanced, reformative
DOI link – https://doi.org/10.69758/GIMRJ/2512I10VXIIIP0008
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