SURROGACY AS A REPRODUCTIVE RIGHT

Authors

  • Ms. Nidhi Arora, Dr. Rituja Sharma

Abstract

Right to Reproduction- A Constitutional Right. All individuals have reproductive rights and the Indian Constitution guaranteed this right to every person irrespective of any gender or nationality. Therefore, the right to the procreation of children through ART or surrogacy can be derived from Article 19 (1) (a) and Article 21 of the Constitution. Presently in India no statutory law existing on the surrogacy arrangement. Thus, In this paper, the researcher examines Surrogacy as a reproductive right. This paper examines in today’s scientific and technological world how reproductive rights are playing a very significant role in the life of women. As the researcher is an academician, one of the main objectives of this research study are:1)To have a sound intellectual grounding in the area of the role of social and legal issues in legalizing surrogacy in India as surrogacy as a reproductive right.2) To analyze and compare the mechanisms adopted in various countries and to identify the best experiences and make a mold which would be most suitable for Indian economical, socio-cultural, and politico-legal system.3)To describe the role of the Legislature, Judiciary, Administrative bodies, Medical Science, etc., concerning surrogacy institutions in India which are dealing with framing, interpreting, implementing or notion of surrogacy policy. Hypothesis Of Research is the reproductive rights of women in general and health rights, affected by Surrogacy in particular directly or indirectly. The researcher has gathered information from various books, journals, research papers, research reports. To understand the jurisprudence of surrogacy throughout the world in comparison with the position in India, the research work primarily reviewed and analyzed, Surrogate Centers, Social Centers, research institutes, Firms, etc., working in the area of Surrogacy. The scope of this study is also equally significant to educate the society for the childless couple and single persons, couple’s reproductive rights, and the remedies available to have their biological children. The right to procreate is the fundamental, natural human right of every person. It is guaranteed by several international human rights instruments as well as the Constitution of India under Article 21 right to life and personal liberty. Every person has a right to marry and create a family. Indian society is having a strong desire for the procreation of children and it is one of the main reasons for getting married. Therefore, public morality has to approve the surrogacy option as today’s society demands surrogacy. But the legal solutions are required to be given through the proper legislation. Reproductive rights are human rights that should be made available to every individual without any discrimination. Therefore, there is a need for more research in such an area.

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Published

2020-12-01

How to Cite

Ms. Nidhi Arora, Dr. Rituja Sharma. (2020). SURROGACY AS A REPRODUCTIVE RIGHT. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(6), 4012 - 4026. Retrieved from http://mail.palarch.nl/index.php/jae/article/view/1637