AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA
AUTHORS – SHARADH SURESHBABU1 & DR.R.CHANDRASEKAR2
STUDENT1 & ASSISTANT PROFESSOR2 AT SAVEETHA SCHOOL OF LAW,
SIMTS
BEST CITATION – SHARADH SURESHBABU & DR.R.CHANDRASEKAR, AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 591-606, APIS – 3920 – 0001 & ISSN – 2583-2344
Surrogacy indicates a form of third party reproductive custom wherein intending parents contract a surrogate mother to give childbirth. Surrogacy in its proper definition is it is a procedure or arrangement of giving birth for somebody else. Gestational Surrogacy provides a golden opportunity to those couples who are unable to have their own children become parents. From a commercialization point of view, India was considered to be a famous surrogacy destination which was otherwise known as “Baby Factory”. The Universal Declaration on Human Rights also acknowledges Right to Family as a fundamental human right of a person. Thus, it also provides an option for the concept of surrogacy for people who cannot conceive. The law says that the practice of surrogacy should be altruistic in its character.so, it banned the commercialization of surrogacy. The objectives of my research is to understand the current scenario of surrogacy & its commercialization in India & other countries, To find out various legislations available with our government to surrogacy, To create awareness among the public whether the surrogate mother has any share over the property of the child, To discover various alternatives to equalize the effect of surrogacy commercialization in India, To understand the mental health of surrogates due to commercialization. The researcher has 202 samples collected. The researcher followed the Empirical Research Method. Since, Surrogacy is an act that enables all the couples to enjoy the taste of parenthood no matter whether they reproduce or not. So, this should be protected by our government & people for long without the undue influence of monetary terms & greater attention is required on this sensitive matter.
KEYWORDS Child, Surrogacy, Surrogate Mother , India, Mental Health