International Journal of Law

Authors
Payal Jha

Abstract
Surrogacy is a new thing in India. It has come from western countries. It is a system where womb of a lady is hired under a contract whose name is generally not brought into the public domain. This system also opens door for those who are unmarried and wanted a child. India is regarded as hub of surrogacy. Infertility is a great problem of modern technocratic society. Thus the demand for surrogacy gets its high priority in India. We understand that infertility is not about being unable to conceive it is also the trauma individual or the couple passes through. The cheaper availability of surrogates in India is attracting a lot of couples from all over the world who are unable to have children. The legal environment had been favorable with surrogacy having been made legal in 2002, by the guidelines laid out by the Indian Council of Medical Research (ICMR). In fact in 2008, the Supreme Court while ruling a case of surrogacy had made commercial surrogacy permissible. In 2016, the Surrogacy (Regulation) Bill, 2016, introduced by Union Health Minister J P Nadda which has still not taken the form of an Act. So we need an effective legal force to regulate this developed technique in absence of which there is chance to abuse the interest of surrogates.