LEGAL CONTRACTS FOR SURROGACY COLLABORATION
AUTHOR – KOMAL MOHITE, LLM II STUDENT AT DES SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE
BEST CITATION – KOMAL MOHITE, LEGAL CONTRACTS FOR SURROGACY COLLABORATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 41-49, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Whenever a couple sees darkness in becoming parents, there is an opportunity in modern times for their wish to come true. This all took place in the year 1976 when Michigan Lawyer Noel Keane created the first legal surrogacy contract in the United States. Later, from the
1980’s, paid paid surrogacy arrangements started taking place. In India, under the Surrogacy Act of 2020, the surrogate cannot receive any financial compensation other than medical expenses and insurance. Surrogacy is a process in which a surrogate woman carries and gives birth to a child for another woman or couple. It is a complex process as it involves medical, legal, emotional, and financial considerations.As in surrogacy contracts, there is no explicit compensation structure mentioned, which leads to disputes between the parties. According to Surrogacy Bill 2020, only altruistic surrogacy is allowed in India, which deprives the surrogate of the benefits and advantages of commercial surrogacy. The impact of the Surrogacy Act, 2020 indirectly suggests to parents who are planning for surrogacy to consider other alternatives options like adoption, foster parenting, fertility treatments and many more. To promote surrogacy in India the governments should take initiatives to establish standard surrogacy laws and guidelines to prevent exploitations, ensuring surrogates receive adequate and fair monetary compensation. The researcher has undertaken the topic to understand the meaning and concept of surrogacy and laws related to surrogacy.
To understand the various reasons that influence people to opt for surrogacy.
Key words:Surrogacy, Surrogate, fertility, parents, child.