THAT LIFE IN YOU IS NOT YOURS- LEGAL SCENARIO OF SURROGACY IN INDIA There is a well-known saying with regard to surrogacy;
“The parents construct the child biologically, while the child constructs the parents socially” Surrogacy is an arrangement in which a women carriers and delivers a child for another couple or person. This surrogate mother may be the child’s genetic mother (called traditional surrogacy) or she may be genetically unrelated to the child (gestational surrogacy). India has a long history involving the matter of surrogacy, since 1978. Since then the field of assisted reproductive technology developed with an upsurge. But legally the laws related to the surrogacy are still in the juvenile phase. There is no codified law or any other legislation in our country until the data on this particular topic. The incident of commercial surrogacy had undergoing at fast pace. In India, the village of Anand, at Gujarat, is now popularly known as the ‘cradle of the world’. Dr. Nayna Patel is the, so called founder of the commissioning of commercial surrogacy in India, as it can be called due to its growing rate and demand. It is in 1984; the first gestational surrogacy in the world was reported. India. India followed it10 years from then with ever increasing rate every year. The cities of Bangalore, Chennai and Bombay has taken this is as a monument. Commercial surrogacy has been legal in India since 2002. India is gaining popularity as a sought after destination in surrogacy related fertility tourism.
The legal scenario relating to surrogacy is in its nascent stage, is the legal environment is favorable. Providing due consideration to the apex court direction, the legislature has enacted the Assisted Reproduction Technology Bill, 2008. But it’s still dormant in files. It is a relief that, the law commission of India, has specifically reviewed the surrogacy law, having the correct notion that India in emerging as an international destination. There is every...
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