Chapter 1: Introduction

CHAPTER-I
INTRODUCTION

1.1 Surrogacy: Practice-Regulation-Issues

Every child has rights no matter who they are or where they belong to. Despite the
fact that nearly every Government in the world promises to protect, respect and fulfill
these rights, still they continue to remain violated worldwide and in a welfare State
like ours, it becomes the duty of the Government to afford protection to the interests
and rights of children. In fact, the protection and promotion of the interests and rights
of children in India has been of paramount consideration in our Constitution1 and
various other social welfare legislations have especially been framed for the
fulfillment of this purpose only2. However, in case of surrogacy arrangements, the
main question which arises is as to how the interest and rights of surrogate children
are to be best protected? ‘Surrogacy’ has been a hot topic for a long time now as
various moral, legal and ethical issues are involved in the process. There is a growing
trend amongst infertile couples to seek fertility services enabling them to have their
own biological offspring. In fact, today Cross border surrogacy agreements form part
of a rapidly growing medical tourism Industry. However, despite the significant
increase in the number of cross border surrogacy arrangements, the reception and
regulation of surrogacy varies between countries. As to the legality of Surrogacy, it is
legally accepted in some countries while it is still not allowed in many and due to
each Nation’s different approach to Surrogacy combined with a lack of international
regulations, a surrogate child gets entangled in a legal battle when it comes to the
ascertainment of his rights relating to parentage, nationality, citizenship, right to travel
documents in addition to denial of other recognised rights such as the right of children
to have their best interests as a primary consideration in all decisions concerning
them, right to non discrimination, right to birth registration, right to be cared by his or

1
The Constitution of India,1950 art. 14, 15, 23, 24, 47.
2
Indian Wards Act 1890, Immoral Trafficking Prevention Act 1956. The Hindu Adoption and
Maintenance Act 1956, Hindu Minority and Guardianship Act 1956 , The Juvenile Justice (Care
and Protection) Act (2000), The Commission for Protection of Child Rights Act 2005, The
Protection of Children from Sexual Offences Act, 2012 are some of the laws which are worth
mentioning in the arena of protecting and promotion the interest of children etc

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 Chapter 1: Introduction

her parents, right not to be separated from his or her parents, right to preserve his or
her identity, right to have information regarding one’s genetic origins and right to
healthy physical and psychological etc.

While there are a plethora of Legislations, Conventions, Enforcement

Agencies and Mechanisms to ensure children’s rights, it was the United Nations
Convention on the Rights of the Child (UNCRC), the first globally binding agreement
between Nations promulgated in the year 1989 that proved to be a milestone in
protecting the interest of children by viewing the child to be a subject of rights. The
Convention on child Rights is “the most complete statement of child rights ever
made”. It incorporates 54 articles, of which 41 specifically relate to rights of the
children, covering almost each and every aspect of a child’s life regardless of their
race, religion or abilities. By this analogy, a surrogate child also has the same rights
and protections as any other child would have and which in turn, demands adequate
legal measures for protection of such rights. However, conflicts among legal
frameworks on parentage, citizenship and surrogacy put surrogate children at a risk of
being born with an uncertain status regarding their Identity, Parenthood and
Nationality which in turn implies that a child may be rendered with no legal parents or
Nationality. Infact granting parenthood does not concern a single right but is the
genesis of various other invaluable rights. Having legal parents grants children several
rights and protections including, right to citizenship, access to medicare and medical
benefits, access to medical treatment, applications for passports and anything
requiring a Birth Certificate, inheritance rights, right to identity, right to vote, right to
apply for a Government posts and rights to enjoy other benefits of schemes which
may be introduced by the Government. Thus practice of Surrogacy exposes
parenthood, not as a biological fact, but as a legally and socially constructed status
with responsibilities, obligations and benefits. Further, on the issue of establishment
of parentage in a cross border surrogacy arrangements, the varied legal rules of
countries on the acquisition of nationality contribute to the risk of surrogate born
children being rendered stateless and expose the child to an increased risk of
becoming a victim of human trafficking or other forms of exploitation. It is relevant to
note, the acquisition of nationality commonly operates under the principle of either

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 Chapter 1: Introduction

Jus Soli (the right of soil) or Jus Sanguinis (the right of blood).In a country which
subscribes to the jus soli principle, the child so born will obtain citizenship of the
country by virtue of his/ her birth in that Country. Problems arise if the country of
birth or intended country of residence applies the principle of Jus Sanguinis which
implies establishment of legal parentage.

Thus, International commercial surrogacy raises many complicated legal

questions and the major challenge for authorities and Courts faced with such cases is
to ensure the welfare and best interests of the surrogate child. Although, many
countries have taken temporary and ad hoc measures when faced with such issues in
the absence of any international regulation to protect the rights of surrogate child, the
difficulty with these partial solutions is that the child, at times, is left with what has
been referred to as ‘limping parentage”

Talking about India, it is estimated that the entire cost of surrogacy including
payment for a surrogate mother ranges between $25,000-$30,000 which is around one
third of what is charged in developed Countries like USA where, it is estimated that
the entire cost of surrogacy including payment for a surrogate mother ranges between
US $50,000 and $100,000. This has made India a very popular and much sought after
destination for foreign couples who look for a cost effective treatment for infertility
especially in cases involving International Surrogacy Arrangements. Apart from lower
cost, other factors such as less restrictive laws, lack of regulation of ART clinics,
abundant choice of donors and easy availability of surrogate mothers have also
contributed in the growth of the Indian Reproductive Tourism Industry which is
presently estimated to be at Rs. 25,000 crores with the Law Commission of India
describing it as “a gold pot” promoted by over 200,000 IVF clinics with websites
offering wombs, sperms and eggs. To be specific, Anand, a small town in Gujarat has
acquired a distinct reputation of its own as a place for outsourcing commercial
surrogacy.

Notwithstanding the fact that cross border surrogacy is at its peak in India,
commercial surrogacy still remains unregulated here 3. In fact, it is being treated as

3
Baby Manji Yamada v. Union of India, (2008) 13 SCC 518 para 9.

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 Chapter 1: Introduction

legitimate in the absence of any Indian Laws expressly prohibiting it. Currently, the
non-binding National Guidelines for Accreditation, Supervision and Regulation of
ART Clinics in India, 2005 promulgated by the Ministry of Health and Family
Welfare, Government of India and the Indian Council of Medical Research and the
National Academy of Medical Sciences govern Surrogacy in India. However, due to
the unenforceable nature of these guidelines, there is a lack of adequate legal
framework for the ever growing market of commercial surrogacy in India and in the
absence of any statutory regulation, the issues related to parenthood and nationality in
cross-border surrogacy cases continue to grow and there is no dearth of such cases
pending before the Indian Courts, including the Supreme Court of India.4 Infact the
Baby Manji case in 2008 sparked an intense public debate on commercial surrogacy
in India and recognized the need for a comprehensive and effective legislation on
commercial surrogacy and it was only after the Baby Manji case came to light the
Law Commission of India, in its 228th Report, titled “Need for Legislation to Regulate
Assisted Reproductive Technology Clinics As Well As Rights and Obligations of
Parties to a Surrogacy”, strongly supported altruistic surrogacy making it subject to
proper regulations in order to ensure safeguard of women from exploitation. The
Report also submitted a Draft Assisted Reproductive Technology (Regulation) Bill,
2008 which subsequently came to be replaced by the Draft Assisted Reproductive
Technology (Regulation) Bill, 20105 which is awaiting nod by the Parliament.

Further, India, in taking forward its commitments and obligations under the
Constitution of India, the UNCRC and various other instruments for the protection
and enhancement of child rights, in recent years, has made a number of policies
regarding physical, mental and social development of children of the Country and has
also enacted various Legislations dealing with the protection of children from a
variety of forms of exploitation and for the enhancement of their Rights. One such
legislation is “ The Commissions for Protection of Child Rights Act, 2005” which
provides for the establishment of quasi-judicial bodies namely, National Commission

4
Jan Balaz v. Anand Municipality and Ors, AIR 2010 Guj 21; Union of India & ANR v. Jan Balaz
and others, Special Leave to Appeal (Civil) No.31639, Supreme Court of India, 2009; and Baby
Manji Yamada v. Union of India, (2008) 13 SCC 518.
5
Hereinafter referred as Draft ART Bill, 2010.

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 Chapter 1: Introduction

for Protection of Child Rights (NCPCR) in Delhi by the Central Government and
State Commissions for Protection of Child Rights (SCPCR) by State Governments
with a mandate on their part to examine and review the existing safeguards for
protection of child rights and to recommend effective measures for their
implementation apart from enquiring into complaints of violation of child rights and
also to take suo motu cognizance of such cases in addition to undertaking and
promoting research in the field of child rights.6 The Commissions cannot overlook
this mandate and have to function accordingly. In this research, therefore, the study is
done with respect to “Rights of Surrogate Child with Special Reference to The
Commissions for Protection of Child Rights Act, 2005 especially since India is now
well positioned to lead the International Commercial Surrogacy market.

1.2 Relevance and Objectives of Present Study

The present research approaches the complexities involved in the practice of

surrogacy viewed from the perspective of children rights. At a technical-legal level, a
reason for studying the interplay between surrogacy and children rights is that the
manner in which it affects children , it affects nobody and when it comes to protection
of their rights today, without any enactment safeguarding their rights, they are the
ones who are suffering the most especially due to their vulnerable position. Though in
the last few decades a plethora of legislations and International Conventions have
emerged with an aim to protect children but, despite these efforts, there has been a
gross violation of their rights owing to their vulnerable position. The situation turns
more sensitive in relation to biomedical technology since it is highly complex and
unregulated. Measures such as informed consent and best interest fall short to
safeguard children in this unregulated field. Further, scientific and technological
advances have always had the effect of stimulating the development of new law, both
in domestic societies as well as internationally. This study will discuss all these
issues, implications and will also suggest various reforms for the successful framing
of a law related to surrogacy at National and International level to protect the rights of
the surrogate child. In addition to this, an attempt shall be made in this research to:

6
The Commissions for Protection of Child Rights Act, 2005 s.13 (1)

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 Chapter 1: Introduction

• Analyze the domestic as well as the internationally accepted law on surrogacy

and bring out the lacunae which exists in case of inter-Country surrogacy
contracts discussing various case laws from different jurisdictions exhibiting the
practical obscurity faced by the commissioning parents who enter into surrogacy
agreement in a country other than the country of their residence.

• Study the feasibility of legalizing commercial surrogacy as done under the draft
ART Bill 2010 that is still pending in the Indian Parliament. Further, to examine
as to what extent the welfare of the child born from surrogacy is taken into
consideration under the proposed bill, the various provisions provided there
under to protect the rights of the children born from surrogacy have been
examined and analyzed as to whether they have been adequately addressed and
taken care of.

• To what extent the Commissions set up under “The Commissions for Protection
of Child Rights Act, 2005” have exercised their powers and duties in protecting
the rights and interests of the surrogate child for taking forward India’s
commitments and obligations under the Constitution of India, the UN
Convention on the Rights of Child and various other instruments for the
protection and enhancement of child rights.

• An attempt shall be made to analyze the position of homosexuals under the

Draft ART Bill, 2010 and see whether homosexuals should be allowed to rear a
family through surrogacy and whether homosexual parenting is having any
negative impact on the development and psychological well being of the child or
has the potential to add to the problems of the surrogate child. This is more so
because of the fact that various homosexual couples are travelling to India to
complete their family by having a child through the option of surrogacy.

• To examine whether in the light of various challenges posed by the practice of

surrogacy with respect to surrogate child, whether cross border surrogacy should
be regulated internationally or should there be an outright ban on International
surrogacy? Whether an international legal framework would assist in reducing
this risk and provide a platform by which surrogate born children could be
protected against discrimination on the grounds of birth or parental status

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 Chapter 1: Introduction

1.3 Scope of the Study

The Researcher has restricted the scope of the study primarily to the rights and the
welfare of the children born from surrogacy analyzing both domestic and
Internationally existing laws on surrogacy bringing out the lacunae which exist in case
of Inter country Surrogacy Arrangements through various case laws of different
jurisdictions exhibiting the practical obscurity faced by the commissioning parents
who enter into surrogacy agreements in a country other than their own. In addition to
it, the researcher would analyze the role of the Commissions set up under “The
Commissions for Protection of Child Rights Act, 2005” and to what extent such
commissions have exercised their powers and duties to protect the rights/interest of
the surrogate child born in India from a variety of forms of exploitation and for the
enhancement of their rights. Since, India is now well positioned to lead the
International Commercial Surrogacy market.

1.4 Research Methodology

The research methodology of the study primarily follows the doctrinal approach and
accordingly this extensive doctrinal research work has been done on this topic by
examining the legal literature from India as well as from foreign Nations. The
research involved the study and analysis of both primary as well as secondary sources.
The referred primary sources include the various National and International
legislations, Human rights Treaties, and Conventions and most importantly the
Jurisprudence which has developed through case laws. The secondary sources which
were referred include various national and international books, journals and articles
reports, newspapers, websites etc.

1.5 Review of Literature

Since international commercial surrogacy is an evolving topic, there were very few
books available for reference. The majority of books were found to be on assisted
reproduction technologies and on human rights. The researcher also took aid from
various international /national articles related to surrogacy and the issues involved
therein. Other articles on homosexuality and child rights have also been referred for

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 Chapter 1: Introduction

the desired goal. On reviewing the literature available on surrogacy arrangements,

there appears to be a uniform harmony amongst scholars to the idea of having an
international legal framework in order to regulate cross border surrogacy
arrangements. The motivation for this need differs amongst scholars. For instance,
Seema Mohapatra advocates for the implementation of an international framework but
for different reasons. She demonstrates the need for an international framework on
cross country surrogacy agreements by identifying the problems from a bioethical
viewpoint. She argues that an international surrogacy framework will assist in the
prevention of cross border surrogate born children being rendered stateless and will
also limit potential exploitation. 7

Similarly, Lin argues that an international legal framework is required to assist

in the prevention of surrogate born children’s rights being undermined. She
recognizes that an international legal framework will not eliminate incidents of
children being born or rendered stateless when they are taken to their parents’ country
of origin, but argues that it will limit and reduce the number of children born or
rendered stateless8. She demonstrates a potential model for a convention based on the
studies of Trimmings and Beaumont.9 Thereafter, Paul Beaumont and Katarina
Trimmings, authoured a book which grew from the research undertaken by Katarina
Trimmings and Paul Beaumont from 2010 to 2012. The research focused on the
growing social phenomenon of international surrogacy and how it could be regulated
at the global level. The book addressed the pressing challenges presented by the
proliferation of international surrogacy arrangements and contains National Reports
on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil,
China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India,
Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain,
Ukraine, United Kingdom, United States and Venezuelaeach demonstrating the
difficult and urgent problems arising in many States as a result of international

7
Seema Mohapatra, “Stateless Babies & Adoption Scams: A Bioethical Analysis of International
Commercial Surrogacy” 30 Berkeley J. Int'l Law 413 (2012).
8
Lin T, “Born Lost: Stateless children in international surrogacy arrangements” Cardozo Journal
of International and Comparative Law 566 (2013).
9
Trimmings K and Beaumont P, “International surrogacy arrangements: An urgent need for legal
regulation at the international level” 7 Journal of Private International Law 627(2011).

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 Chapter 1: Introduction

surrogacy arrangements. These National Reports not only provide the necessary
backdrop to a proposed model regulation of international surrogacy arrangements at
an international level but also served as a key resource for scrutinizing the most
worrying incompatibilities in national laws on surrogacy. 10
Further, Anil Malhotra
and Ranjit Malhotra also, in their book on “Surrogacy in India- A Law in making”
have discussed the various legal issues currently plaguing the field and their possible
solutions in India by recommending reconsideration of the bill by suggesting fresh
inputs to prevent the problems which have occurred in the past in India.11

Thus there is a large majority of proponents for an international legal framework

on cross border surrogacy, but for varying reasons. It is submitted that the common factor
in the reasons advanced for establishing an international framework, is the protection of
the children from being rendered stateless and other negative legal or social
consequences. An international legal framework on cross border surrogacy arrangements
will afford surrogate born children protection against discrimination on the grounds of
birth and status, and thereby diminish the risk of statelessness of surrogate born children
and which factor has also been affirmed in the research.

1.6 Overview of Chapters

The study has been divided into seven chapters, the brief sketch of such chapters
being as under:

CHAPTER-I: INTRODUCTION

This chapter introduces the topic and elaborates the focus of the study thereby setting
the pace for the rest of the research. In this chapter the author lays the foundation of
the entire study giving a bird’s eye view of the study in a manner that would leave the
readers wanting for more. This chapter also outlines the Relevance and Objectives of
Present Study, Scope of the Study, Research Methodology and the Chapterization
Scheme.

10
Katarina Trimmings And Paul Beaumont (ed.) International Surrogacy Arrangements: legal
Regulation at International Level (Hart Publishing, 1st edn., 2013).
11
Anil Malhotra and Ranjit Malhotra, Surrogacy in India: A law in the Making (Universal Law
publishing Co, 2013).

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 Chapter 1: Introduction

CHAPTER-II: SURROGACY: ISSUES AND COMPLEXITIES

This chapter elaborately deals with the concept of surrogacy by first giving an
overview of Assisted Reproductive Technology and its facets and highlighting the
various issues and complexities involved in the utilization of such techniques. The
chapter then proceeds to examine the concept of surrogacy, clarifying its meaning,
procedures involved, history etc. and thereafter, Surrogacy as a concept, is tested on
legal, moral and ethical considerations. Various moral and ethical issues involved in
the practice of surrogacy have been discussed by putting forward the arguments
favouring and condemning such practice and various legal issues have been discussed
in the light of Judicial decisions rendered globally and finally this chapter analyses as
to how the theories evolved by Courts of law have been applied while settling legal
issues arising from surrogacy.

CHAPTER-III: SURROGACY: NATIONAL AND INTERNATIONAL PERSPECTIVES

In this chapter, an endeavour has been made to present a global examination of

surrogacy laws prevalent in various Countries and its practice. This chapter focuses
mainly on the reception and regulation of surrogacy in distinct legal systems which
are remarkably diverse and the discussion here revolves around those countries where
either there have been some recent developments in surrogacy or where the existing
surrogacy scenario is worth a discussion. The focus though remains on India
analyzing and understanding the practice, enforceability and regulation of Surrogacy
in India vis-à-vis Article 21 of the Constitution of India, 1950, The Indian contract
Act, 1872, the ICMR guidelines for Accreditation , Supervision and Regulation of
ART Clinics in India and the Assisted Reproduction Technology (Regulation) Bill
2010 and Ministry of Home Affairs Guidelines, 2012. The chapter further proceeds to
an elaborative discussion on the Draft ART Bill, 2010 which is currently pending a
nod by the Parliament highlighting the various lacunae observed which need to be
removed before the Bill gets enacted.

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 Chapter 1: Introduction

CHAPTER-IV: HOMOSEXUALS AND THEIR RIGHT TO SURROGACY

This chapter discusses the unconventional family and focuses on the right of
homosexuals to rear a family through surrogacy by exploring the treatment meted out
to homosexuals under different legal systems. The chapter analyzes homosexual laws
prevalent in various countries in comparison with India where homosexuality was and
still continues to be a punishable offence and Indian homosexuals still have to battle
out for every such right in comparisons to various other countries in the light of
Section 377 of the Indian Penal Code, 1860 which makes homosexual behavior
punishable. This chapter thereafter, proceeds to elaborately discuss and analyze the
position of homosexuals under the Draft ART Bill, 2010 that places same sex couples
in a disadvantageous position when compared with heterosexual couples by allowing
married/unmarried heterosexual to access ART, thereby discriminating against
homosexuals and raising certain questions such as whether homosexuals should be
allowed to rear a family through Surrogacy and whether homosexual parenting is
having any negative impact on the development and psychological well being of the
child or does homosexual couples really have the potential to add to the problems of
the surrogate child.

CHAPTER-V: SURROGACY AND CHILD RIGHTS: AN ANALYSIS.

This chapter focuses on the rights of a child who is conceived and given birth via
International Commercial Surrogacy (ICS) by analyzing the rights available under
International Human Rights Treaties and Conventions on the rights of children and
their protection from discrimination. This chapter provides an up to date account of
the potential risks that a surrogate born child may be exposed to as varied legal
approaches by different countries towards surrogacy have given rise to a number of
legal problems which encroach upon the rights of surrogate children, who prove to be
easy targets. The chapter thoroughly discusses the issues involved in International
Commercial Surrogacy (ICS) Arrangements with the help of case laws exhibiting as
to how, in the absence of any international regulation, various complicated social and
legal questions arise from such arrangements resulting in infringement of potential
rights of the child born via a cross country surrogacy arrangement. Further, in this
chapter, an effort has been made to find out as to what extent, the Draft ART, Bill

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 Chapter 1: Introduction

2010 has taken care of various issues which arise under international surrogacy
arrangements entered into as well as the rights of the surrogate child in context of
India’s adherence to UNCRC granting various rights to children. At the end of this
chapter, the researcher has appreciated the draft Bill by acknowledging the
satisfactory manner in which it has been drafted in order to protect the interests of
surrogate children by resolving major issues pertaining to their rights, citizenship,
identity crises, protection of best interests etc. Though the Draft Bill may not be
comprehensive to address all the legal issues involving surrogacy but it does provide a
legal framework to begin the process of regulating the industry and a mechanism to
implement changes which would prevent problems that have occurred in the past due
to lack of a regulation.

CHAPTER-VI: ROLE OF CHILD COMMISSIONS IN PROTECTING THE

RIGHTS OF THE SURROGATE CHILD

In taking forward its commitments and obligations under the Constitution of India, the
UN Convention on the Rights of the Child (UNCRC) and various other instruments
for the protection and enhancement of child rights, the Indian Government, in recent
years, has made a number of policies regarding the overall development of children of
the Country and has also enacted various legislations dealing which provide for the
protection of children from a variety of forms of exploitation and for the enhancement
of their right. One such legislation is “The Commissions for Protection of Child
Rights Act, 2005 “which was enacted with an aim to protect Child Rights and to
establish Children's Courts for providing speedy trial of offences committed against
children or of violation of their rights and other connected and incidental matters. The
Act provides for the establishment of quasi-judicial bodies namely, the National
Commission for Protection of Child Rights (NCPCR) in Delhi by the Central
Government and State Commissions for Protection of Child Rights (SCPCR) by State
Governments to look into matters affecting children. With the case of Baby Manji12 in
which the custody of Manji, born to a Japanese couple via an Indian surrogate mother,
was in dispute, the National Child Commission not only assumed significance for the
first time but was also recognized as an appropriate forum to deal with child rights

12
AIR (2008) 13 SCC 518.

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 Chapter 1: Introduction

issues and for adjudication of their rights. Therefore, in this chapter an effort has been
made to analyze the functions of these commissions under this Act with an aim to
understand as to what extent the Commissions set up under the CPCR Act have
exercised their powers and duties in protecting the rights/interests of children with
special reference to cases of surrogate children. For achieving the above stated object,
three applications under the Right to Information Act, 2005 were addressed. While
one application was addressed to the Delhi Commission for Protection of Child
Rights, another was filed with the National Commission for the Protection of Child
Rights (NCPCR) and a third one was addressed to the National Human Rights
Commission (NHRC).

CHAPTER-VII: CONCLUSION & SUGGESTIONS

The first part of the chapter deals with the conclusions drawn on the basis of analysis
and giving answers to the questions which were attempted to be analyzed as
mentioned in the relevance and object of the research and the second part provides for
various suggestions for future regulation of International Surrogacy Arrangements
focusing on protection of child rights at all costs as well as to overcome the barriers of
Draft ART Bill, 2010 by suggesting measures for rectifying flaws which were
observed during the research in order to make it more “surrogate child” friendly as
well as making its implementation effective in future. At the same time certain
amendments have been suggested which are required to be made in other existing
legislations to avoid any inconsistency. Further, in addition to it, some suggestions
have also been put forward to strengthen the role of Commissions established under
“The Commissions for Protection of Child Rights Act, 2005” in protecting violation
of rights of the children especially in the context of the surrogate child. Since
becoming a parent and to make a family is a basic right of every human being,
therefore, it is the prerogative choice of a couple or an individual to become or not to
become a parent. Surrogacy being a sensitive industry should be well regulated so that
a boon does not become a bane for mankind. A contextualized approach to
reproductive autonomy instructs that if women wish to act as surrogates and if
commissioning parents wish to form their families through the use of surrogacy, then
these parties should be permitted to engage in such arrangements. Speculative

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 Chapter 1: Introduction

arguments and concerns including those based in morality or fears for the future of the
family- must not be permitted to take priority over the autonomy based interests of
those who seek to procreate through surrogacy arrangements. However, at the same
time there is a need to have a pro-active and a well drafted legislation on surrogacy
taking care of interests of the most vulnerable i.e. the surrogate child.

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