A STUDY ON LEGAL RIGHTS AND CHALLENGES OF SURROGATES IN INDIA

AUTHOR – CHETANA P, BA.LLB (HONS), STUDENT, SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, SAVEETHA UNIVERSITY, CHENNAI, INDIA, MAIL ID: CHETANA030403@GMAIL.COM

BEST CITATION – CHETANA P, A STUDY ON LEGAL RIGHTS AND CHALLENGES OF SURROGATES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 479-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

It is an empirical study on legal rights and challenges of surrogates in India. The word “surrogate” is derived from the Latin word surrogates means a “substitute”. Right to reproduce their child  is an unread right of every existence. Parenting is a life altering and most permanently satisfying experience. The absence of a child is considered as a stigma to the family. There are numerous cases where the incapability to have a child led to wedded breakdown. The incapability to have a child which is known as infertility in medical terms is a global problem. According to the WHO Report the prevalence of infertility across the globe including India is around 10- 15 percent. This research aims to study on the challenges of surrogates, whether it has been considered only as commercial business, to find out the reasons for the practice of surrogation, to explore the social stigma on surrogacy which is considered as prostitution. The results show that surrogacy is a part of commercial business in india. poverty being a factor to become a surrogate mother this may be due to that when there is a monetary need for women and has financial burden they tend to work as surrogate mother and women feel it is her right to body to do whatever she feels to do and also there are women who wants to make other family happy by giving birth to child not only for monetary purpose also agreed that they should be law to protect surrogacy this might be due to that this practice also involves human trafficking and breach of trust so to avoid all this there should be proper law to protect surrogacy. Basically women are emotionally attached to their child when they are in the womb itself so after birth one has to give the child which she carried for months is the difficult part.

KEYWORDS –Surrogation, women, infertility, rights, challenges