A STUDY ON “IS SURROGACY ANALOGOUS TO LEASE UNDER PROPERTY LAW”
AUTHOR – DIKSHITH N, STUDENT AT ST JOSEPH’S COLLEGE OF LAW
BEST CITATION – DIKSHITH N, A STUDY ON “IS SURROGACY ANALOGOUS TO LEASE UNDER PROPERTY LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 27-36, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
However, in asking whether the concept of surrogacy is analogous to that of lease in the realm of property law, one inevitability ventures into the territory of testing the limits of imagination when it stretches far enough to wrap the same principles it attempts to impose. Under section 105 of the transfer of property act, 1882, a lease entails the transfer of a right to use immovable property within a specific zone or time period against the payment. At first glance, surrogacy bears similarities to a lease because it is a temporal or a temporary agreement, make use of the service of a woman temporarily, and in a commercial arrangement, even involves monetary compensation
This paper, where the subject of such an analogy to critical survey. While the existence of some structural similarities between surrogacy and lease, especially in terms of the structure of contracts involved, it is my position that the analogy collapses once it is subjected to the survey in light of constitutional principles, international human rights standard , and the basic tenet of law according to which the human body is non property and should not be reduced to property. As provided for in the surrogacy regulation act of 2021, only altruistic surrogacy is allowed in India.
From doctrinal, comparative and moral perspective this paper proves that not only is the lease analogy legally deficient but it is also unconstitutional and morally hazardous. By defining the function of the surrogate in terms of her being a mere custodian of someone else “property”, she loses all the attributes of humanity that are associated with agency, integrity, and humanity. Finally, the paper offer proposals to further consolidates and improve the current legal framework while maintaining its human rights orientation.
Keywords:- surrogacy, lease, property law, human dignity, Bodily autonomy, Altruistic surrogacy, commercial surrogacy, Transfer of property act, 1882, Surrogacy regulation act, 2021