1Research Scholar, Faculty of Law, Professor & Director, Symbiosis Law School, Symbiosis International University, Pune, India
2Dean, Faculty of Law, Professor & Director, Symbiosis Law School, Symbiosis International University, Pune, India
Online published on 29 December, 2017.
The authors propose to highlight here only those legal issues which may arise in determining parenthood of the child born to a surrogate through surrogacy arrangement.
It will be predominantly doctrinal with primary data from various legal texts
Authors will discuss assisted reproductive technology and types of surrogacy, issues arising out of surrogacy arrangement as regards determination of parenthood and legitimacy of the child born out of surrogacy arrangement. Drawing on Sen and Nussbaum's theory of justice as capability in Frontiers of Justice and John Rawls’ justice as fairness, the authors would dwell on how the legislations of various countries have tackled the problem of determining the parenthood of the child born out of surrogacy arrangement. Further, the authors discuss the personal laws prevailing in India and the status of the child born to a surrogate along with judicial pronouncements of different courts of India and other countries. In India, the Assisted Reproductive Technology Bill, 2010, the current Surrogacy Bill are still a topic of discussion.
The authors will critically evaluate these approaches and recommend reforms.
ART, Surrogacy, children's rights, determining parenthood, healthcare justice
