Commercial Surrogacy And Exploitation: Legal Safeguards in India.

Henry Ward Beecher has rightly quoted, “We never know the love of a parent till we become parents ourselves”. The nature has bestowed upon humans- the blessed opportunity to procreate and acquaint themselves to parenthood. “It is considered to be one of the honor, gift, right and grant for any parent to have a child of their own” , however, it is also very natural for couples, intending to be parents, to be infertile-due to any physiological or psychological reasons. Diverting from the natural method of procreation, the rapid technological advancement in science has fulfilled the dreams of many infertile couples who intend to be parents and has “made possible to have a child who is genetically identical even when one of the parents is infertile” . Assisted Reproductive Technologies are utilized by such couples which are namely- In Vitro Fertilization (IVF), Intracytoplasmic Sperm Injection (ICSI), Intrauterine Insemination (IUI), Egg and Sperm Donation, Embryo Donation, Surrogacy etc. In regards to all the techniques, Surrogacy has evolved to be the most viable option for infertile couples and people who wish to be single parents. India has long served as a prominent hub for surrogacy especially the commercial type, drawing a large number of people seeking surrogate mothers in the country. The method may prove to be a boon for intending parents, however, commercial surrogacy is associated with various socio-legal. implications and hardships for surrogate mothers. The undertaking shall, therefore, analyse- the implications and subsequent exploitation in commercial surrogacy, “the preservation of the rights of women undergoing surrogacy and the legitimacy of children born out such practice” and legal safeguards regarding surrogacy in India.