INTERSECTION OF SURROGACY AND WOMEN’S REPRODUCTIVE HEALTH UNDER THE SURROGACY (REGULATION) ACT, 2021
DOI:
https://doi.org/10.29121/shodhkosh.v5.i7.2024.3562Keywords:
Reproductive Health, Surrogacy, Legal Practices, Regulation, Surrogate Mother, Intending ParentsAbstract [English]
Reproductive health entails a wide range of concerns that are associated with human reproductive system, fertility, contraception as well as maternal health. In India reproductive health includes a number of activities and option, among them surrogacy seem to have provided an effective solution to couple facing barrenness. The Surrogacy (Regulation) Act, 2021 is a major landmark in the domain on surrogacy law and ethics in India. The Act, being enacted for proper legal recognition of and protection to surrogate mothers and intended parents who seek surrogacy services, prescribe strict parameters and conditions for the contract of surrogacy. In continuation of the theme of surrogacy and women reproductive rights within the new legal regime this paper aims to examine the effect of this new legal regime on all parties of concern. This research aims at assessing how these provisions advanced in the following areas: Legal exploitation, ethics aspects, surrogate mothers and intended parents. The current paper aims at discussing the Surrogacy (Regulation) Act, 2021 in association with reproductive health and surrogacy procedures in India. It examines the role of the Act in relation to some of the previous legal and ethical issues concerning and the considerations provoked by its implementation. Through the provisions of the Act and its implications, this study extends knowledge of the means through which legal changes can improve reproductive health practices and address surrogacy ethicality.
References
Kusum Jain, “ SURROGATE MOTHERHOOD: SOME LEGAL AND MORAL PROBLEMS IN BIO-ETHICS” Vol. 25, No. 4 (OCTOBER-DECEMBER 1983), pp. 546-558 (13 pages) Available at :https://www.jstor.org/stable/45148515
Kunal Debnath, “ The Surrogacy (Regulation) Act, 2021: Analyzing the effectiveness of India's ban on commercial surrogacy”Available at : https://onlinelibrary.wiley.com/doi/10.1002/sgp2.12061
Sangeeta Chatterjee, “Surrogacy (Regulation) Act, 2021 in India: Problems And Prospects” 2 AIJACLA 52 52-67 (2022) Available at :
https://www.academia.edu/98341722/Surrogacy_Regulation_Act_2021_in_India_Problems_And_Prospects
KashyapSaumya, Tripathi Priyanka , “The Surrogacy (Regulation) Act, 2021: A Critique Available at : https://pmc.ncbi.nlm.nih.gov/articles/PMC9816354/
Ramesh Kumar, “SURROGACY: IMPACT OF THE NEW LAWS IN INDIA” Available at : https://ilkogretim-online.org/index.php/pub/article/view/3840/3733
Black’sLaw Dictionary 8th Edition, 228th Report on
https://indiankanoon.org/docfragment/168220859/?formInput=surrogate
Surrogate motherhood | Definition & Facts,Available from :https://www.britannica.com/topic/surrogate-motherhood
N. Pandey, “Constitutional Law of India”,Central Law Agency, Edition Fifty Seventh,2020 pg 301-303
Available at – https;//updates. manupatra.com
Available at – https;//indiankanoon.org
The Assisted Reproductive Technology(Regulation) Act, 2021https://www.icmr.gov.in
ICMR Guidelines 2005 https://main.icmr.nic.in/sites/default/files/art/ART_Pdf.pdf
https://www.advocatekhoj.com/library/lawreports/needforlegislation/6.php?
JanBalaz Vs Anand Municipality and Ors. (2009) Citizenship Act, 1955, § 3(1) (c) (ii), No. 57,Acts of Parliament ,1955 (India). https://www.indiacode.nic.in/bitstream/123456789/4210/1/Citizenship_Act_1955.pdf
Surrogacy (Regulation) Bill, 2016,
Surrogacy (Regulation) Bill, 2019, https://loksabhadocs.nic.in
Surrogacy (Regulation) Bill, 2020, https://www.ibanet.org
The Surrogacy (Regulation ) Act, 2021 https://www.indiacode.nic.in
Section 6, The Surrogacy (Regulation) Act, 2021
Section 4(iii)(a)(III), The Surrogacy (Regulation) Act, 2021
Section 3(i), The Surrogacy (Regulation) Act, 2021
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Copyright (c) 2024 Mamta Vitthalrao Kachore, Dr. Pravina Khobragade
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