Abstract –

            The body of every human being has been beautifully designed which works in a mechanical form. The future which was undreamt in the arena of sexual has been made possible through the advancement of technology of cloning or the birth of the child through test tubes, through surrogate mother. When a woman agrees to carry a baby in her womb and for giving that baby a life by giving her birth so that other family could raise her, this whole process is called surrogacy. In certain serenity the chance of surrogacy has been permitted and the intended guardians might be perceived as the lawful guardians from birth of that child. But it has been observed that this noble cause of letting parents who have lost the hope of having a baby can have their own baby through surrogacy has been looked down as a mode of money earning as a business in India which leads to commercializing surrogacy or “keeping womb for rent”. In our world which is globalizing rapidly, the development of regenerative the industry is a genuinely ongoing wonder. As India is still a developing country and more than half of the population is under poverty line this method of surrogacy has played a vital role in the harassment of the girls who are living a poor life which sometimes leads to increase in death rate which is alarming. In this paper we have discussed about the right of those women health who agreed to become a surrogate mothers and what are the issues related to paternity. As the time has been changing and there is a vast development in the field of technology new parents are opting for the option of surrogacy as it has become a new trend so our government agencies should look forward and make such laws which can regulate this procedure of surrogacy. Without a proper proof legitimate structure, patients will constantly be deluded and the proxies abused.

Keywords: surrogacy, maternal mortality, women’s right to health, paternity issues.

INTRODUCTION

            The human body is a magnificent machine, comprehension of which is as yet a mystery. The imminent of birth child as unnaturally conceived children, surrogate parenthood through more current advancements have presented undreamt of potential outcomes in the sexual field. Since any regenerative procedure that replaces the marital demonstration is infringement of the pride of reproduction when human multiplication is disengaged from sexual connection and partners have become more for the use of sexual needs. It gets hard to perceive pride in one another, particularly the pre conceived child^[1]. Because of the advancement in the field of science and technology it leads to huge contribution to the humanity. Be that as it may, the truth of the matter is that it isn’t morally right rather disputable.

MEANING AND REASONS OF SURROGACY

            Surrogacy is a strategy for helped proliferation whereby a lady consents to get pregnant for bringing forth a youngster for others to raise. She might be called as genetic mother (the more conventional type of surrogacy) or she might be embedded with an irrelevant incipient embryo. Having another woman bear a youngster for a couple to raises for the most part with the male portion of the couple as the hereditary father is alluded to in classical times. To have a child with same genetics the option of surrogacy come forward in which a parent can have a child with same genes through artificial process of reproduction. The word “surrogate” has been evolved from Latin word “Subrogare” meaning “designated to act in the spot of.” Altruistc surrogacy is the place a substitute mother consents to gestate a child for proposed guardians without being remunerated financially in any capacity. At the end of the day, this is in actuality a free surrogacy. Though, business surrogacy is an alternative in which aiming guardian offers a budgetary motivating force to make sure about a willing substitute. This mode of surrogacy where money has been exchanged against the birth child has been seen morally wrong according to many group pf people, has been considered as sin according to many religious and sacred group of people.^[2] There can be numerous reasons for opting this method of surrogacy. For example, guardians who wanted to become parents may organize a substitute pregnancy on the grounds that a lady who means to be parent is infertile or unfit to convey a pregnancy to term, e.g., women with hysterectomy, uterine distortion or with a background marked by intermittent premature births or any clinical sickness making her pregnancy a hazard to her own wellbeing. A female meaning to be a parent may likewise be healthy as well as fertile, yet reluctant to experience pregnancy. Agencies making preparations of surrogacy for the parents to be frequently helping them in dealing with the complexity of medications and legitimate facet engaged with process.^[3]

SURROGACY: INTERNATIONAL SCENARIO

            The laws that are governing the surrogacy are different, laws contrast generally starting with one nation then onto the next. In England, treating surrogacy as a mode of commercializing its courses of action are not legitimate and are disallowed by the surrogacy arrangement plan act 1985. A surrogate mother despite everything keeps up the legitimate ideal for the child, regardless of whether they are hereditarily disconnected. Except if a parental request or appropriation request is made the surrogate mother remains the lawful mother of the child.

STATUS OF SURROGACY IN USA

            In USA, the legal issues that are related with the surrogacy are different from state to state and it mainly depend upon the jurisdiction of the state. It is totally on the discretion of the state to let or not to let surrogacy or surrogacy contract fall under the ambit of legality and enforce it or simply to refuse its enforcement and to punish the offenders for commercializing the surrogacy.^{[4] [5]}

STATUS OF SUROGACY IN ASIAN COUNTRIES

            In Japan, a total ban has been imposed on the arrangements of commercial surrogacy by the science council and if any doctor, clients or agents are found performing this procedure, they will be penalized as per the provisions of the act. In Saudi Arab countries the concept of surrogacy has been banned on the ground of morality and ethics, they do believe that giving a birth in exchange of some money is inhuman act and should not be allowed.^[6]

            In 2001 Health Ministry of China has imposed ban on surrogacy and declare it illegal, although this act has been banned still the act of surrogacy has been growing in as “black market” because of which concerned government authorities are taking strict actions in accordance with the view point of the political parties.^[7][8]

LEGAL ASPECTS OF SURROGACY IN EUROPE

            In SWEDEN, surrogacy isn’t obviously directed. The legitimate method generally equal to it is making an appropriation of the child from the surrogate mother. Making arrangements for the surrogacy by the fertility clinics of Sweden has been regarded as illegal.^[9]

            UKRAINE: Ukraine is a country which has legalize the concept and procedure of surrogacy but it has restricted the adoption of this option only to the couples who are married.^[10][11]

            RUSSIA: In Russia, commercializing surrogacy is lawful and accessible for willing grown-ups. There must be a sure clinical sign for surrogacy. Outsiders have indistinguishable rights from for helped proliferation as Russian residents.^[12][13]

            BULGARIA: Surrogacy was beforehand unlawful in Bulgaria, yet as the system is as yet rehearsed wrongfully, the administration chose to authorize it. Rather than utilizing the term surrogate, however, Bulgaria considers it the ‘substitute mother’.^[14]

            GEORGIA: Surrogacy in Georgia Europe is legitimate however there substitute mother can’t practice any parental rights over the child.^[15][16]

            A few nations, for example, POLAND and ROMANIA among others have no characterized surrogacy laws and keeping in mind that it’s as yet conceivable to experience the surrogacy procedure in those countries. As it very well may be seen, laws on surrogacy in Europe are differed and for certain nations, dubious and non-existent.^[17][18]

HEALTH RISK ASSOCIATED WITH SURROGACY

            In the US, surrogate mothers are given close to two embryos for their wellbeing, though in India, surrogate mothers are embedded with up to five incipient organisms so as to build the odds of pregnancy. Utilizing such an enormous number of undeveloped organisms expands wellbeing dangers for babies and the mother. Odds of post birth anxiety of surrogate are more with the child that developed in mother’s belly, intricacies, for example, pre-eclampsia and eclampsia, urinary tract contaminations, stress incontinence, hemorrhoids, gestational diabetes, perilous drain and aspiratory embolism. Various pregnancy improves the probability of requiring a usable conveyance. A surrogate host of maternal advanced age has expanded danger of perinatal mortality, perinatal passing, intrauterine fetal demise, neonatal passing. There is a more serious hazard to the mother of pregnancy incited hypertension, stroke and placental unexpectedness. At the point when hormones or medications the surrogate mother is told to take, all medications have symptoms. Numerous women going through this Artificial insemination also take the treatment of fertility has experienced reactions that are adverse to their bodies and has found themselves more prone to risk while performing this procedure.^[19]

            Issues, for example, unexpected labor, hereditary contortion and contaminations which lead to expanded hospitalization of infant are significant issues to be considered in the contract of surrogacy.^[20]

            Numerous surrogate mothers breastfeed the babies during the initial hours following birth. Nonetheless, the legal guardian discover difficulty in starting the bosom taking care of and in setting up the holding among mother and youngster if there should be an occurrence of surrogacy.

            One of the significant disadvantages of initiated lactation in many surrogate mothers or legal mothers is that of the same quantity of mother milk as of the new mother has following her labor or delivery. This presents an issue as far as baby nutrition is concerned.^[21]

SOCIAL AND PSYCHOLOGICAL CONTEXT OF SURROGACY

            Regarding surrogacy as a commercial has created conflicts on social ground. Given the extraordinary defenselessness, 33% of the Indian women because of neediness, rejection from and minimization in labor and employment markets, man centric social and family structures and low instructive levels, the monetary benefit through surrogacy become a key push factor. Since most substitute moms are not from wealthy areas and the thought process essentially is money related so they are handily abused by the specialists working for commissioning guardians. Mystery and namelessness makes a negative situation that influences human relations inside and outside families. Surrogacy convey social disgrace in the general public as it is likened with prostitution and by uprightness of that it is contended that it ought to be prohibited on moral grounds. Surrogate moms are kept in segregation from families and permitted to meet families in ends of the week, which are against the human rights. Henceforth, there are number of moral, social, legitimate and mental issues related with surrogacy, which require dire requirement for encircling and usage of law.^[22]

SURROGACY AND WOMEN’S RIGHT TO HEALTH: INDIAN SCENARIO

            The idea of surrogacy in India isn’t new. Using womb of a women in exchange of money, this concept of commercializing surrogacy has been growing rapidly in India. In India where we find English language dominance and attraction of clients because of cheaper laborers draw in the willing customers.

            Future projections of surrogacy practice run from chance to misuse – from women living in rural areas in India inspired out of neediness to a cutting edge bad dream of creating nation infant farm^[23], if there should be an occurrence of surrogacy in India, it is difficult to tell that whether these ladies are practicing their very own privileges or whether they are compelled to become proxy moms because of their relative or spouse’s longing to satisfy material and budgetary needs.^[24][25]

            Adversaries of surrogacy contend that the training is equal to prostitution and by ethicalness of that comparability, it ought to be refused on moral grounds. Surrogacy contracts are “dehumanizing and distancing since they preclude the authenticity from securing the substitute’s viewpoint on her pregnancy. Surrogate mother attempts to abstain from building up an uncommon security with the youngster in her and perspectives the pregnancy as only an approach to acquire the genuinely necessary money. The installment for substantial administrations dehumanizes the surrogate mother and adventures her regenerative organs and ability for individual increases of the wealthy.

            The fact is that surrogacy outsourcing has been regarded as an exploitative practice in India. Right now, no law exists to secure the mother if there should be an occurrence of birth entanglement, constrained premature birth and so on.

            Since 2002, surrogacy for the purpose of commercialization has nearly got the legality in India and India has become a kind of pioneer in it. This is the explanation that has driven pundits to claim that surrogacy business is misusing poor ladies in nation like India previously having high maternal mortality proportion. As indicated by estimates, which may be traditionalist – the matter of surrogacy in India is now contacting $446-million a year.^[26]

            Arrangement as surrogate parenthood, in which a mother takes no responsibility for the child conceived, has raised good, moral social and lawful inquiries concerning both the women and the ‘baby’. According to lawful specialists “…if surrogacy turns into a avenue by which women in more extravagant nations pick less fortunate women in our nation to hold up under their infants, at that point it is monetary abuse, a sort of natural colonization.”^[27]

            Because of the commercializing of surrogacy, the Ministry of child and women development has come up with strong laws to examine the issues related with surrogacy. A drafted legislation has been prepared on the issue of surrogacy with strong punishments and penalties for those who violate the rules and regulations framed by the Indian Council of Medical Research as well as to stiffen the techniques used in Assisted Techniques. The draft law confines the quantity of incipient embryo moves a mother can experience to multiple times for a similar couple, if the initial two endeavors come up short and it additionally includes that no women should go about as a surrogate for in excess of three live births throughout her life. Indeed, these are the main rules surrounded by the ICMR and the Ministry of Health and Family Welfare in 2005. ICMR rules, expresses, “A family member, a referred to individual just as an individual obscure to the couple may go about as a substitute mother for couple. In the event of a relative going about as a substitute, the relative ought to have a place with a similar age as the women wanting the surrogacy.” The specialists accept that surrogacy impels childless couples unnecessarily toward the business of surrogacy. Section 3.10.5 of the rules expresses that “a surrogacy ought to be under 45 years” being the upper age without referencing the base age to be surrogate. So does that mean 18-year-old or somebody considerably more youthful, can become surrogate mother? Ore giving a permission to a woman who can become a surrogate mother for the intended parents, the ART Clinic must guarantee or must ensure (and put on record) that the women fulfills all the testable standards to experience full term pregnancy.” These rules are slanted and negligent. The bifurcated role of the women in surrogacy plans is inciting reestablished evaluation of the significance of parenthood and assignment of maternal rights.^[28]

PUBLIC HEALTH RELEVANCE OF SURROGACY

            ART and surrogacy provides solutions for infertility. With the growing demand for these administrations mutilates needs in the association of social insurance benefits as weight is developed to these tech conceptive strategies inside open markets and open division administration framework without building the fundamental facilities so that the infertility can be prevented. Because of the poverty and helplessness some poor people sell their own assets to facilitate themselves with the basic requirements or they have to sell their potential reproductive organs by seeing it as an opportunity to earn money – due to this many young women have risked their life and health. In the course of recent years or somewhere in the vicinity, our nation has seen a mushrooming of ripeness centers. This has roused the tourism of medical, where surrogacy has significant spot in its rundown of fascination as couples from abroad come looking for simple access to substitute moms. Because of these service providers, the intended parents come to India for quality and comfort of world class and these service providers provide such service at the institutions of India at very cheap prices and all this is accomplished by diminishing to the absolute minimum, the tests which are necessary and procedure of safety required while performing this method. Taking into account the high pace of commonness and poor usage of ART Regulatory Guidelines-2005 has raised a few issues about the reasonableness of surrogacy in the current setting from general wellbeing purpose of view.^[29] Most of issues and issues are because of absolutely unregulated private ART facilities with fluctuating costs, norms and strategies that offer supremacy to benefits as opposed to epidemiological requirements of the dominant part in India. The need to forestall optional barrenness attributable to poor obstetric administrations, conceptive tract diseases and poor dietary status of women and arrangement of essential administrations to manage the infertility treatment is hence overlooked by the legislature. Private division is given full opportunity to extend ART centers to advance tourism of medication and surrogacy. This can harm physically to surrogate mothers and can lead to other complications for example low weight of the child below medical standards birth and deformed children, which are not disclosed publically.^[30] As the contract made in these services are not disclosed completely so there can be some loopholes which can lead to legality. Another problem which is related to surrogacy is that if the surrogate mother is of another nation so problems related to the motherhood rights and nationality and rights related to the children can also arose.

SURROGACY: ISSUES AND PERSPECTIVE

            Setting up paternity might be simple enough with one genetic or hereditary test, yet the issue isn’t basic and simple for the courts to determine the paternity. What will occur if a non-custodial dad has been the “father” to a youngster for a long time just to discover that he isn’t the natural dad? Will he get refund on the support that he provided to that child? Or then again if a substitute mother breaks her agreement, would she be able to pursue the intended couple for financial help for that child to which she becomes a surrogate mother? These are intense lawful inquiries for judges and policymakers. The Indian framework just perceives the birth mother.

            As per the legal system in India is concerned the concept of DNA for testing the paternity has not been accepted till now, the name of the mother and the father as mentioned in the birth certificate will be used to determine its parents as an evidence. The Supreme Court of India in the year 2008 came across a case named as Manji case where it held that using surrogacy for commercial purpose is permitted and accepted in India and which resulted in gaining the confidence of the foreigners for coming to India for surrogacy.^[31]

            The law commission of India has presented the 228th Report on “Requirement for Legislation to Regulate Assisted Reproductive Technology Clinics just as Rights and Obligation of Parties to a surrogacy.”^[32] The primary perceptions had been made by the law commission are as: Surrogacy courses of action will keep on being represented by contracts among parties, however such an arrangement ought not to be for business purposes. A surrogacy course of action ought to accommodate the monetary help for substitute child in case of death of the dispatching couple or individual before conveyance of the child. A surrogacy agreement ought to essentially deal with insurance of life protection spread for substitute mother. Enactment itself ought to perceive surrogate child to be real child. The certificate of the birth of the child ought to contain the name(s) of the intended parent(s) as it were. The donor right of secrecy as well as of the right of the surrogate mother ought to be ensured. Sex particular surrogacy ought to be restricted. Instances of fetus removal ought to be administered by Medical Termination of Pregnancy act 1971 only.^[33]

            As indicated by Kimbrell (1988) that most of the women engage themselves in surrogacy because of the monetary help. The women who agreed for surrogacy are mostly uninformed of their legitimate rights and because of their money related circumstance they can’t bear the cost of the administrations of lawyers.^[34]

            Horsburgh (1993) accepts surrogate mothers are physically abused once they have sign agreements consenting to bring the child into the world for the intended parents. To exacerbate the situation, if the pregnancy is without a doubt prematurely ended, the surrogate mothers get only a small amount of the first installment of the original amount. The agreements can likewise put obligation on the mother for dangers including pregnancy-initiated illnesses, passing and complications arising after pregnancy.^[35]

            Foster (1987) states that numerous substitute mothers face enthusiastic issues subsequent to relinquishment of the child. Be that as it may, an examination by Jadva et al. (2003) demonstrated that substitute moms don’t seem to encounter mental issues because of the arrangements of surrogacy. Despite the fact that it is recognized that a few women experience passionate issues in giving over the infant or because of the responses around them, these emotions seemed to diminish during the weeks following the birth.^[36]

CONCLUSION AND SUGGESTIONS

            In India, surrogacy is absolutely a legally binding comprehension between the gatherings so care must be taken while drafting understanding with the goal that it doesn’t disregard any of the laws like, e.g., focuses to be mulled over for what reason does the expected guardians decide on surrogacy, points of interest of the substitute, kind of surrogacy, referencing about paternity in the understanding, the formation of library for natural father of child in a selection cases, rules set out on how and when hereditary testing should be possible to decide paternity, pay statement, startling mis-happening to the mother, custody of that child, in regards to the jurisdiction for the debates emerging out of that agreement.

            Indian government has drafted enactment in 2008 lastly surrounded an ART guideline draft bill 2010. The bill is as yet pending and not introduced in the parliament. The proposed law needs legitimate conversation and discussion with regards to lawful, social and clinical viewpoints.

            We infer that the legislature should truly consider authorizing a law to manage surrogacy in India so as to ensure and direct couples looking for such choices. Without a secure lawful structure intended couples will constantly be deceived and the surrogated will be misused.

REFERENCES

1. Van Zyl L, van Niekerk A. Interpretations, perspectives and intentions in surrogate motherhood, available at http://www.jme.bmj.com.laneproxy.standford.edu/cgi/content/full/26/5/404.
2. Committee on ethics. ACOG committee opinion number 397, February 2008: Surrogate motherhood. Obstet Gynecol 2008.
3. Serratelli A. Surrogate motherhood contracts: should the Brirish or Canadian model fill the U.S. legislative vacuum? George Washingtoin J Int Law Econ 1993;26;633-74.
4. Brahams D. The hasty British ban on commercial surrogacy. Hastings cent Rep 1987; 17:16-9.
5. Lawrence DE. Surrogacy in California: Genetic and Gestational Right: Golden Gate University Law Review. Vol 21. 1991, available at http://www.digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1522&context-=ggulrev.
6. Kriari-Catranis I. Human assisted procreation and human rights-the Greek response to the felt necessities of the time. Eur J Health Law 2003; 10:271-80.
7. Children’s Act, 2005 (Act No. 38 of 2005) Chapter 19: Surrogate Motherhood 297. Effect of Surrogate motherhood agreement on status of child.
8. Sharma R. an International, Moral & Legal Perspective: The Call for Legalization of Surrogacy in India, available at: http://www.ssrn.com/abstract=997923.
9. Pennings G. Legal harmonization and reproductive tourism in Europe. Hum Reprod 2004; 19:2689-94.
10. On Amendments to Legal Acts of Ukraine Concerning Limitations on use of Assisted Reproduction Technologies. Draft No. 8282, available at http://gska2.rada.govua.
11. Svitnev K. Legal regulation of assisted reproduction treatment in Russia. Reprod Biomed Online 2010; 20:892-4.
12. Svitnev K. Surrogacy and its legal regulations in Russia. Reprod Biomed Online 2010.
13. Pennings G. Reply: reproductive exile versus reproductive tourism. Hum Reprod 2005.
14. Goran H. “surrogatmoderskap: Varfor-och varfor inte?” (in Swedish). Lakartidningen 2010.
15. Kevin T. The ethics of surrogacy contracts and nebraska’s surrogacy law. Vol. 41. Creighton Law Review; 2008. P. 185-206.
16. Commercial Surrogacy and fertility tourism in India, the Case of Baby Manji. The Kenan Institute of Ethics at Duke University. The case studies in ethics, available at http://web.duke.edu/kenanethics/casestudies/babymanji.pdf.
17. Van den Akker OB, Psychological trait and state characteristics, social support and attitudes to the surrogate pregnancy and baby. Hum Reprod 2007; 22:2287-95.
18. Edelmann R. Surrogacy: the psychological issues. J Reprod Inf Psychol 2004; 22:123-36.
19. Jadva V, Murray C, Lycett E, MacCallum F, Golombok S. Surrogacy: the experiences of surrogate mothers. Hum Reprod 2003; 18:2196-204.
20. The Human Body Shop: The Engineering and Marketing of Life, New York: Harper San Francisco;1993.
21. Honjo, Arai S, Keneko H, Ujjie T. Antenatal Depression and Maternal-Fetal Attachment. Psychology 2003; 36:304-11
22. Edelmann R. surrogacy: the psychological issues. J Reprod Inf Pychol 2004.
23. Few Basic guidelines from ICMR Guidelines, available at: http://www.blog.indiansurrogacylaw.com
24. National Guidelines for Accreditation, supervision and regulation of ART clinics in India. Available at: http://www.icmr.nic.in/art/art_clinics.htm.
25. Anirudh M. Are we exploiting the infertile couple? Indian J Med Ethics 2000; 8:24-5.
26. Surrogate mothers. American Fertility Society. Fertile Steril 1994.
27. Svitnev K. “Poster Ethics and Law”. Hum Reprod 2010.
28. Law commission of India. Report 228.2009. Available at http://surrogacylawsindia.com.
29. Available from: http://www.nt.gov.au/justice/policycoord/documents/polcoord_surogacy_consultationpaper.pdf.pdf#search=%22surrogacy%22.
30. Available from: http://www.nt.gov.au/justice/policycoord/doc/surrogacy.pdf.
31. Surrogate motherhood- Ethical or commercial, Centre for Social Research (CSR) 2, Nelson Mandela Marg, Vasant Kunj-110070. Available at: http://www.womenleadership.in/Csr/SurrogacyReport.pdf
32. Singh KK. Human genome and human rights: An overview. J Indian Law Inst 2008; 50:67-80.

[1] Van Zyl L, van Niekerk A. Interpretations, perspectives and intentions in surrogate motherhood, available at http://www.jme.bmj.com.laneproxy.standford.edu/cgi/content/full/26/5/404.

[2] Committee on ethics. ACOG committee opinion number 397, February 2008: Surrogate motherhood. Obstet Gynecol 2008.

[3] SErratelli A. Surrogate motherhood contracts: should the Brirish or Canadian model fill the U.S. legislative vacuum? George Washington J Int Law Econ 1993;26;633-74.

[4]Brahams D. The hasty British ban on commercial surrogacy. Hastings cent Rep 1987; 17:16-9.

[5] Lawrence DE. Surrogacy in California: Genetic and Gestational Right: Golden Gate University Law Review. Vol 21. 1991, available at http://www.digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1522&context-=ggulrev.

[6] Kriari-Catranis I. Human assisted procreation and human rights-the Greek response to the felt necessities of the time. Eur J Health Law 2003; 10:271-80.

[7] Children’s Act, 2005 (Act No. 38 of 2005) Chapter 19: Surrogate Motherhood 297. Effect of Surrogate motherhood agreement on status of child.

[8] Sharma R. an International, Moral & Legal Perspective:  The Call for Legalization of Surrogacy in India, available at: http://www.ssrn.com/abstract=997923.

[9] Pennings G. Legal harmonization and reproductive tourism in Europe. Hum Reprod 2004; 19:2689-94.

[10] Ibid.

[11] Ukraine. On Amendments to Legal Acts of Ukraine Concerning Limitations on use of Assisted Reproduction Technologies. Draft No. 8282, available at http://gska2.rada.govua.

[12] Svitnev K. Legal regulation of assisted reproduction treatment in Russia. Reprod Biomed Online 2010; 20:892-4.

[13] Svitnev K. Surrogacy and its legal regulations in Russia. Reprod Biomed Online 2010.

[14] Pennings G. Reply: reproductive exile versus reproductive tourism. Hum Reprod 2005.

[15] Ibid.

[16] Goran H. “surrogatmoderskap: Varfor-och varfor inte?” (in Swedish). Lakartidningen 2010.

[17] Supra 9.

[18] Supra 14.

[19] Kevin T. The ethics of surrogacy contracts and nebraska’s surrogacy law. Vol. 41. Creighton Law Review; 2008. pp. 185-206.

[20] Commercial Surrogacy and fertility tourism in India, the Case of Baby Manji. The Kenan Institute of Ethics at Duke University. The case studies in ethics, available at http://web.duke.edu/kenanethics/casestudies/babymanji.pdf.

[21] Van den Akker OB, Psychological trait and state characteristics, social support and attitudes to the surrogate pregnancy and baby. Hum Reprod 2007; 22:2287-95.

[22] Edelmann R. Surrogacy: the psychological issues. J Reprod Inf Psychol 2004; 22:123-36.

[23] Jadva V, Murray C, Lycett E, MacCallum F, Golombok S. Surrogacy: the experiences of surrogate mothers. Hum Reprod 2003; 18:2196-204.

[24] Kimbrell. The Human Body Shop: The Engineering and Marketing of Life, New York: Harper San Francisco;1993.

[25] Honjo, Arai S, Keneko H, Ujjie T. Antenatal Depression and Maternal-Fetal Attachment. Psychology 2003; 36:304-11.

[26] Edelmann R. surrogacy: the psychological issues. J Reprod Inf Pychol 2004.

[27] Few Basic guidelines from ICMR Guidelines, available at: http://www.blog.indiansurrogacylaw.com

[28] National Guidelines for Accreditation, supervision and regulation of ART clinics in India. Available at: http://www.icmr.nic.in/art/art_clinics.htm.

[29] Anirudh M. Are we exploiting the infertile couple? Indian J Med Ethics 2000; 8:24-5.

[30] Surrogate mothers. American Fertility Society. Fertile Steril 1994.

[31] Svitnev K. “Poster Ethics and Law”. Hum Reprod 2010.

[32] Law commission of India. Report 228.2009. Available at http://surrogacylawsindia.com.

[33]Available from – http://www.nt.gov.au/justice/policycoord/documents/polcoord_surogacy_consultationpaper.pdf.pdf#search=%22surrogacy%22.

[34] Available from: http://www.nt.gov.au/justice/policycoord/doc/surrogacy.pdf.

[35] Surrogate motherhood- Ethical or commercial, Centre for Social Research (CSR) 2, Nelson Mandela Marg, Vasant Kunj-110070. Available at: http://www.womenleadership.in/Csr/SurrogacyReport.pdf

[36] Singh KK. Human genome and human rights: An overview. J Indian Law Inst. 2008; 50:67-80.

Authored By:

POONAM TYAGI

Research Scholar, Shobhit Deemed University, Meerut, Uttar Pradesh

Disclaimer: This article has been published in Legal Desire International Journal on Law, ISSN 2347-3525 , Issue 22, Vol 7