LIJDLR

Altruistic Surrogacy

GLOBAL PERSPECTIVES ON ALTRUISTIC SURROGACY: ANALYSING THE PROHIBITION IN SELECTED COUNTRIES AND RECOMMENDATIONS FOR LEGALIZATION

GLOBAL PERSPECTIVES ON ALTRUISTIC SURROGACY: ANALYSING THE PROHIBITION IN SELECTED COUNTRIES AND RECOMMENDATIONS FOR LEGALIZATION Bhuvan Raj A, BBA LLB, 3rd year student at Christ Academy Institute of Law. Simran P Kanchagar, BBA LLB, 3rd year student at Christ Academy Institute of Law. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.50 The study employs a comparative legal analysis, examining surrogacy laws across various jurisdictions, including India, Iceland, Australia, and certain European countries. It also integrates policy analysis and ethical evaluation to assess the impact of bans on altruistic surrogacy. The research likely utilizes qualitative methods, drawing on legal texts, ethical arguments, and case studies to explore the motivations behind these prohibitions. The laws regarding surrogacy vary considerably worldwide, with areas such as India allowing for altruistic surrogacy but banning commercial surrogacy, and countries like Germany, Sweden, Italy, Spain, Norway, and France forbidding both types. This article investigates the ban on altruistic surrogacy in certain jurisdictions, as well as the reasons behind its prohibition, advocating for pushback against such laws in favour of altruistic surrogacy as a necessary ethical alternative to unregulated commercial practices. Despite the significant negative public health consequences[1] Of such policies, altruistic surrogacy is subject to blanket bans, even though evidence suggests that prohibitive policies.[2] Not only fail to reduce the demand for altruistic surrogacy, but they also exacerbate the issues they seek to address by fuelling cross-border reproductive tourism and ethical risks. The article argues that banning altruistic surrogacy does not eliminate demand but instead drives intended parents toward unregulated international surrogacy, leading to ethical and public health risks. It challenges such prohibitions, advocating for altruistic surrogacy as a regulated and ethical alternative to commercial surrogacy. The study highlights how fears of commodification, exploitation, and moral concerns shape restrictive policies while failing to address the realities of surrogacy demand.  

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THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX

THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX Ayush Kumar Yadav, 6th Semester BBA LLB (H) Student at Amity University Uttar Pradesh, Lucknow Campus, Lucknow. Dr. Arvind Kumar Singh, MBA, P.hd, UGC (NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.12 This paper explores the changes in the legal surrogacy landscape in India with the passage of the Surrogacy (Regulation) Act, 2021, which instituted a ban on commercial surrogacy, thereby paving the way for an altruistic model. The analysis chronicles regulatory developments on surrogacy in India, unravelled through some landmark judicial pronouncements, especially the Baby Manji Yamada and Jan Balaz cases which highlighted significant regulatory voids. The paper analyzes the constitutional aspects of reproductive rights under Article 21, and how they interact with some of the restrictive clauses of present legislation. A comparative analysis of regulatory efforts—from the permissive ART Bill of 2008 to the prohibitive tenor of the 2016 Bill—shows that there are basic alterations in the policy orientations. The proposed research highlights significant barriers to implementation, including definitional ambiguities, administrative infrastructure needs, and continuing constitutional challenges to eligibility restrictions. It further discusses how surrogacy regulation can fit into the larger ART regulatory system, including aspects of integration and realm conflicts. This in-depth analysis sheds light on the intricacies of balancing the competing goals of preventing exploitation and protecting reproductive autonomy that define India’s game-changing approach to surrogacy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 244-272. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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