Mr. Smith Chandra, a student at the National Academy of Legal Studies and Research University in Hyerabad, India has posted to SSRN his working paper Surrogacy and India. Here is the abstract:
The Law Commission of India has submitted the 228th Report on “Need for Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy.”
There has been a major change in Indian surrogacy laws. India is now the only country in the world to legalise commercial surrogacy. Unlike in other countries, including the UK, USA and France, in India the surrogacy agreements between the two parties will be legally enforceable. The new law will protect all parties – the genetic parents, surrogate mother and the child.
The new Assisted Reproductive Technology (Regulation) Bill & Rules, 2008, states that the surrogate mother can receive monetary compensation for carrying the child in addition to health-care and treatment expenses during pregnancy. But the surrogate mother has to relinquish all parental rights over the child once the amount is transferred and birth certificates will be in the name of genetic parents. The age-limit for a surrogate mother is between 21-45 years. Single parents can also have children using a surrogate mother.
This article discusses various aspect regarding surrogacy and its constitutional validity in India. It questions whether right to reproduction is a constitutional right or not. The article also endeavors to draw a comparison between various nations regarding their policy and take on surrogacy.
The full paper is available here.