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Original article

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Abstract :

The increasing cases of infertility and the inherent human desire to procreate haveled to an unprecedented growth in the usage of assisted reproductive technologies around the globe. With the advent of assisted reproductive technologies surrogate parenting has risen sharply in recent years. Cross-border commercial surrogacy arrangements are on the rise due to globalization of travel and communications. International commercial surrogacy has earned a fair share of critics and supporters. On the one hand critics have raised concern about the ethical, social, medical and legal implication of the same on women who sell their wombs to earn livelihood in commercial surrogacy arrangements. On the other hand, it has been applauded by supporters of procreative rights and contractual individualism. In this backdrop, the paper proposes to study and discuss various issues relating to the basic rights of parties who are involved in commercial surrogacy. The paper intends to discuss whether commercial surrogacy enables exercise of procreative right or undermines reproductive justice. Secondly, the rights of surrogate children, issues of identity and parentage will be discussed. Thirdly, the rights the surrogate mothers in the context of potential health risks imposed by assisted reproductive techniques will be analysed. Lastly, the paper intends to highlight the need for a concrete legal framework in reference to the recent developments to protect the rights of parties involved in the commercial surrogacy

Keyword :

Surrogacy, Human Rights, Commercial
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