Right to be a Surrogate: Biological, Constitutional and Economic Perspectives

Space and Culture, India

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Title Right to be a Surrogate: Biological, Constitutional and Economic Perspectives
Creator Borah, Meghna
Hazarika, Arup Kumar
Unmilan Kalita
Subject Surrogacy
Legislative Framework
Assistive Reproductive Technology
Citizens’ Rights
Surrogacy (Regulation) Bill 2019
Gender Studies
Women's Studies
Human Geography
Social Work
Social Sciences
Description For the survival of all forms of life, procreation is essential. However, natural procreation is not always scientifically possible. As such, the practice of surrogacy and the use of Assisted Reproductive Techniques have become more widely recognised and accepted in societies all over the world. However, various complex and controversial issues are bounded in such practices. The Surrogacy (Regulation) Bill, 2019 introduced by Government of India makes an attempt to eradicate some of those issues associated with surrogacy.
Nevertheless, the legislation seems to be in derogation to the Constitution of India and universal human rights. This study is designed to substantiate in detail the right to be a surrogate in light of the constitutional mandate along with an evaluation of the eligibility criteria to be a surrogate and its consequences with regard to the existing legal framework. Besides, the economic perspective of exploitation of surrogates via banning of commercial surrogacy has been briefly discussed. The discussion under this study is expected to put forward an essential perspective to the right to be a surrogate in relation to a woman’s right to life and personal liberty. Further, prohibiting commercial surrogacy may push practicing surrogates towards other economically unrewarding, poorly regulated and potentially hazardous forms of employment or even make them subject to human trafficking. Therefore, recognition of the right to be a surrogate vis-à-vis the Surrogacy (Regulation) Bill, 2019, would help in avoiding blatant miscarriage of universal justice while upholding the supremacy of the Constitution of India.
Publisher Alliance for Community Capacity Building
Date 2020-06-29
Type info:eu-repo/semantics/article
Format application/pdf
Identifier https://spaceandculture.in/index.php/spaceandculture/article/view/699
Source Space and Culture, India; Vol 8 No 1 (2020): Space and Culture, India; 78-90
Language eng
Relation https://spaceandculture.in/index.php/spaceandculture/article/view/699/393
Rights Copyright (c) 2020 Meghna Borah, Arup Kumar Hazarika, Unmilan Kalita

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