Surrogacy Transaction- A Perspective On The Constitutional And Contractual Aspects

Abstract

With the help of technology, medical science has been able to invent a number of techniques through which a couple can procreate and have a child of their own. ‘Surrogacy’ has emerged as one such opportunity for childless couples. However, a surrogacy transaction by its very nature, is complex as it involves several aspects surrounding constitutional law, family law, human rights law and, contractual relationships. Thus, in this context, it has become difficult for the prevalent legislations to deal with surrogacy effectively. The burden now, is on the judiciary to explore and develop this branch of law. But in doing so, the judiciary cannot surpass its inherent limitations. Ultimately, it is for the legislature to bring certainty and clarity in case of a surrogacy transaction by bringing in an effective legislation. This Article aims to delve into the specific areas of law that are invoked in case of a surrogacy transaction: the constitutional, human rights and contractual aspects, and to study the response of the legal system in addressing the prevailing issues regarding citizenship and identity of such children, and the Right to Livelihood and the Right to Reproduce of the concerned parties.