TOPIC: INTERNATIONAL SURROGACY LAWS: A

COMPARATIVE STUDY

SUB-TOPIC: COMPARISON OF LAWS IN INDIA AND UK

 CHAPTER 1: INTRODUCTION

Surrogacy is not a new phenomenon, the same has been existing in the world since time
immemorial. As the world is moving forward, surrogacy is gaining importance and laws are
being made in order to remove any kind of exploitation of the surrogate mother from the
intended parents. Commercial surrogacy is illegal in most of the countries due to ethical and
social issues. Similarly, laws are developing to regulate surrogacy to provide dignity to the
surrogates.

1.1 MEANING OF SURROGACY

Surrogacy means an arrangement in which a woman agrees to a pregnancy through Assisted

Reproductive Technology (ART) wherein neither of the gametes belong to her or her
husband. The intention of the same is to hand over the child to the person for whom she is
acting as a surrogate. “A surrogacy arrangement is the practice whereby a woman carries a
child for another person with the intention that the child should be handed over at birth to the
commissioning couple or party and raised as theirs”1. 

1.2 NEED AND BENEFITS OF SURROGACY

Surrogacy is basically sought when pregnancy is medically impossible, when risks are too
dangerous or when a single parent wants to have a child. It is also popular for same sex
couples. Surrogacy allows infertile couples, single people and members of the LGBT
community to become parents when they may not be able to have children otherwise.

In most cases, gestational surrogacy allows one or both parents to be biologically related to

their child. Intended parents are involved throughout the pregnancy experience and are
generally able to be present for many key milestones, from the embryo transfer to their
baby’s birth. Surrogacy gives intended parents more control and peace of mind throughout
the pregnancy than they usually have with fertility treatments or adoption. Intended parents
may face fewer restrictions with surrogacy than with adoption; those who cannot adopt due to
agency restrictions on factors like age can still pursue surrogacy2.
1
‘Surrogacy- General Principles’, Lexis Nexis, https://www.lexisnexis.co.uk/legal/guidance/surrogacy-general-
principles (last accessed 15 November 2020).
2
‘Benefits of Surrogacy for Everyone Involved’, Surrogate.com,
https://surrogate.com/about-surrogacy/surrogacy-101/benefits-of-surrogacy-for-everyone-involved/ (last

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Surrogates enjoy a deep sense of personal satisfaction and pride knowing they have helped
another family in such an incredible and life-altering way. Women who choose surrogacy are
able to share their pregnancy journey with the intended parents and develop a strong bond
throughout the process. Many surrogates develop lasting relationships with the families they
help create. Surrogates allow women who enjoy being pregnant to experience pregnancy
again, even if their own families are complete. All of the surrogate’s expenses are paid for
and reimbursed throughout the pregnancy, and she will enjoy a variety of services throughout
the process, including top notch healthcare and counseling services.

1.3 TYPES OF SURROGACY

Surrogacy can be classified into 4 broad categories i.e. Traditional Surrogacy, Gestational
Surrogacy, Altruistic Surrogacy and Commercial Surrogacy.

 In cases of Gestational Surrogacy, the surrogate mother is implanted with an egg and
sperm. Herein, the surrogate mother has no biological link to the baby. In Gestational
Surrogacy IVF is used to create the embryo which is then transferred to the surrogate.
 In Traditional Surrogacy the Surrogate’s own egg is used, making her the biological
mother of the child. IVF can be used in traditional surrogacy as well, but Intrauterine
Insemination (IUI) is a much simpler medical process3.
 Altruistic Surrogacy is wherein the surrogate mother receives no financial rewards for
her pregnancy or the relinquishment of the child to the genetic parents except
necessary medical expenses4. This usually happens when the surrogate mother is a
relative.
 Commercial Surrogacy is where the surrogate mother is paid over and above the
necessary medical expenses. The same is banned in a lot of countries due to socio-
ethical issues.

CHAPTER 2: AN OVERVIEW OF SURROGACY LAWS ACROSS THE

GLOBE

accessed 15 November 2020).

3
‘Traditional vs Gestational Surrogacy’, Surrogate.com, https://surrogate.com/about-surrogacy/types-of-
surrogacy/traditional-vs-gestational-surrogacy-whats-best-for-my-family/ (last accessed 15 November 2020).
4
Anindita Majumdar, ‘What is Altruistic Surrogacy’ (2018), The Hindu, https://www.thehindu.com/opinion/op-
ed/what-is-altruistic-surrogacy/article25814445.ece (last accessed 15 November 2020).

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The laws of Surrogacy vary from country to country. While some of the countries strictly
prohibit surrogacy, there are some countries where commercial surrogacy is still allowed. The
Laws and Regulations guarding surrogacy also vary from country to country, while some
countries have an explicit law regarding surrogacy others allow surrogacy but no laws are in
place to protect the rights of the surrogate.

USA is the only country which has well defined laws which aim at protecting the rights of
both the surrogate as well as the intended legal parents. Though the laws vary from state to
state, the states where surrogacy is allowed have a well-defined set of laws and the process is
legal as well as ethical5. Thus, USA is one of the best choices to undergo surrogacy practices
for both the surrogate and intended parents.

2.1 STATES THAT PROHIBIT ALL FORMS OF SURROGACY

In France, Germany, Italy, Spain as well as Switzerland surrogacy contracts are considered to
be void in nature and are prohibited. The prohibition on the same has been implemented since
surrogacy is considered to violate the human dignity of the child and they are reduced to
objects under contracts. An Italian court in 2015 had ordered that a child born of surrogacy in
Russia be taken away from his Italian parents and placed in a foster home Some other
countries where surrogacy is prohibited are Cambodia, Denmark, Ireland, Nepal, Bulgaria
etc.6.

However, the views upon the same have been changing and the courts have started
recognizing the surrogate children. In 2010 there was a controversial case concerning two
married Spanish men who had a child through a surrogacy arrangement in California. In
response, a department of the Ministry of Justice issued an Instruction directing that, in the
majority of situations, foreign surrogacy will be recognized in Spain7.

2.2 STATES THAT PERMIT AND REGULATE NON- COMMERCIAL SURROGACY

5
Helier Cheung, ‘Surrogate babies: Where can you have the and is it legal?’ (2014), BBC News,
https://www.bbc.com/news/world-28679020 (last accessed 16 November 2020).
6
‘Which Countries allow Commercial Surrogacy? 7 Things to Know’, India Today,
https://www.indiatoday.in/india/story/surrogacy-india-ban-altruistic-surrogacy-commercial-surrogacy-955838-
2017-01-19 (last accessed 16 November 2020).
7
Alex Finkelstein & ors., ‘Surrogacy law and Policy in the U.S.’ (2016), Columbia Law School Sexuality &
Gender Law Clinic, https://web.law.columbia.edu/sites/default/files/microsites/gender-sexuality/files/
columbia_sexuality_and_gender_law_clinic_-_surrogacy_law_and_policy_report_-_june_2016.pdf (last
accessed 16 November 2020).

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A number of countries only permit non-commercial or altruistic surrogacy. Although these
countries often impose criminal sanctions on commercial surrogacy, they sometimes allow
the payment of “reasonable expense”. In Australia8, surrogacy is regulated at the state and
territory level. All states and the Australian Capital Territory prohibit compensated surrogacy
but permit altruistic surrogacy and allow reimbursement of some of the surrogate’s costs.

In Canada, commercial surrogacy is prohibited under federal legislation. All other aspects of
surrogacy are regulated on a provincial level. In South Africa 9, both full and partial altruistic
surrogacy is legal, but compensation is not allowed except for “reasonable expenses.” There
are a number of legal requirements relating to the surrogate including that she be a South
African citizen and have one biological child living with her.

2.3 STATES THAT ALLOW ALL TYPES OF SURROGACY

Israel is a unique example of a permissive approach to commercial surrogacy. Full surrogacy

is permitted under legislation enacted in 1996. Under the Israeli Act, surrogacy arrangements
must be approved by a state appointed Committee, composed of three physicians, a clinical
psychologist, a social worker, a public representative who is a jurist by training, and a person
of the clergy of the parties’ religion. The most popular destination for intended parents where
commercial surrogacy is explicitly allowed by statute is Ukraine. Another increasingly
common destination in Eastern Europe is Russia.

In conclusion, there is significant variation in the approach to surrogacy worldwide. Many

countries prohibit surrogacy altogether, whereas others allow some or all forms of surrogacy.
The regulatory surrogacy landscape is also currently in flux, as many jurisdictions have
recently or are currently considering amending their laws. Critically, however, it is clear that
no state exists in a vacuum. Each jurisdiction’s policy towards surrogacy impacts other states,
and the policy position of other states impact all others.

8
Surrogacy Act, 2010 (Australia).
9
Children’s Act, 2005, s. 298(1) (South Africa).

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 CHAPTER 3: SURROGACY LAWS IN INDIA

3.1 SURROGACY IN INDIA

Prior to 2015, a lot of couples used to visit India as commercial surrogacy was legal. Indian
surrogacy laws made it illegal in 2015 10 for foreign intended parents to complete surrogacy in
India. Commercial surrogacy as of now can only be done by Indian intended parents who
have been married for 5 years.

At one time, India was the most notable hub of the international commercial surrogacy
market, and, as it had no legislation expressly permitting surrogacy, its allegedly billion-
dollar industry was unregulated. However, in light of high-profile controversies and
allegations of exploitation, India recently banned international commercial surrogacy for
foreign intended parents11.

The practice of Surrogacy has been prevalent in India for the last few decades now and has
been on a rise ever since it has been introduced. The process of surrogacy involves multiple
parties and substantial consideration of their human rights. Therefore, it is imperative that the
interests of every party must be balanced harmoniously to prevent any miscarriage of justice.

The provision of surrogacy, introduced as a scientific feat enabling couples to have a child of
their own, is now being abused by many for their personal gain at the expense of the rights of
surrogate mothers and surrogate children. There have been reported incidents of unethical
practices in the process of surrogacy, death of surrogate mothers, exploitation of surrogate
mothers, abandonment of children born out of surrogacy 12, import of human embryos and
gametes. The reason such exploitation bloomed in India is regulatory ambiguity caused by
the lack of proper legislation for surrogacy. Due to lack of a proper legislation on the matter,
India has also emerged as a surrogacy hub globally and this scenario has given rise to various
socio-ethical issues13.

3.2 ANALYSIS OF THE SURROGACY (REGULATION) BILL, 2019 AND 2020

10
Nehaa Chaudhari, ‘Regulating Assisted Reproductive Technologies in India’, Oxford Human Rights Hub,
http://ohrh.law.ox.ac.uk/regulating-assisted-reproductive-technologies-in-india/ (last accessed 16 November
2020).
11
‘India unveils plans to ban surrogacy’ (2016), BBC News, https://www.bbc.com/news/world-asia-india-
37182197 (last accessed 16 November 2020).
12
Smriti Kak Ramanchandran, ‘Australian couple abandoning surrogate child highlights need for strict laws’,
The Hindu (2014), https://www.thehindu.com/news/national/australian-couple-abandons-child-from-indian-
surrogate-mother-bolsters-campaign-for-strict-laws/article6487751.ece (last accessed 16 November 2020).
13
Report of The Select Committee on The Surrogacy (Regulation) Bill, 2019 (The Select Committee, Rajya
Sabha).

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In an attempt to counter the widespread exploitation of the surrogates, The Surrogacy
(Regulation) Bill, 201914 was passed by the Lok Sabha on 5th August 2019, and then it was
referred to The Select Committee, comprising of 23 Members of Rajya Sabha on a Motion
adopted by the House on the 21st November 2019 for examination of the Bill and report
thereon. The Select Committee prepared a report15 and drafted The Surrogacy (Regulation)
Bill, 2020 which was subsequently approved by the Union Cabinet on 26th February 2020,
according to a statement made by Union Minister, Mr. Prakash Javadekar in a press
conference which now awaits the passing of the bill in Rajya Sabha before it receives
presidential assent and serves its purpose.

Under the 2020 Surrogacy bill, a surrogate mother has been vested with rights throughout the
process of surrogacy, duties have been imposed on the “intending couple” or “intending
woman”, and stringent penal provisions have been provided to deter any potential
violators16. Moreover, regulatory bodies comprising of experts in fields of medicine, social
sciences along with representatives of women welfare organizations and civil society for
women’s health and child issues have been assigned to ensure all the safeguards are actively
implemented17.  

It has been specifically provided in the act that no woman shall act as a surrogate mother by
providing her own gametes, that no woman shall act as a surrogate mother more than once in
her lifetime, that a certificate of medical and psychological fitness for surrogacy and
surrogacy procedures from a registered medical practitioner shall be mandatory for a
surrogate mother and that no woman, other than an ever married woman having a child of her
own and between the age of 25 to 35 years on the day of implantation, shall be a surrogate
mother or help in surrogacy by donating her egg or oocyte18. Under the 2020 bill, a surrogate
mother is also entitled to an insurance coverage for a period of thirty-six months covering
postpartum delivery complications which include medical expenses, health issues, specified
loss, damage, illness or death of the surrogate mother and other prescribed expenses incurred
on surrogate mother during the process of surrogacy.

Restricting the surrogate mother to a “close relative” potentially affected the availability of
surrogate mothers prior to the 2020 bill. Now with the new bill, a “willing woman” shall act
14
The Surrogacy (Regulation) Bill 2019.
15
Bill Track, PRS India, https://www.prsindia.org/billtrack/surrogacy-regulation-bill-2019 (last accessed 16
November 2020).
16
The Surrogacy (Regulation) Bill 2020, s. 36.
17
The Surrogacy (Regulation) Bill 2020 s. 15.
18
The Surrogacy (Regulation) Bill 2020 s. 4.

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as a surrogate mother. Furthermore, widows and divorced women can also benefit from the
provisions, besides infertile Indian couples. Hence the Surrogacy (Regulation) Bill, 2020 is
an ethical, moral and social legislation as it protects the reproductive rights of a surrogate
mother as well as protects the rights of the child born through surrogacy. This has improved
the purview of surrogate mothers.

In conclusion, the proposed legislation of 2020 is a unique blend of social, moral, ethical,
legal and scientific issues and is an effective attempt to harmonize the conflicting interests
inherent in the process of surrogacy to ensure the betterment of child whilst also protecting
the rights of the surrogate mother and the commissioning parents. This legislation will clear
the legal ambiguity in the process of surrogacy and collateral issues like citizenship. The
stringent penalties under the proposed legislation will act as a deterrent for potential violators
and ensure that all the parties go through the process in a fair and reasonable manner.
However, it would be prudent to pass Assisted Reproductive Technology (ART) Regulation
Bill, 202019 before The Surrogacy (Regulation) Bill, 2020 is passed

19
Assisted Reproductive Technology (ART) Regulation Bill, 2020.

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 CHAPTER 4: SURROGACY LAWS IN UK

4.1 SURROGACY IN UK

Surrogacy is legal in UK but the law does not recognize the same to be a binding agreement
on either of the parties involved. A surrogate cannot be paid in the UK, except for the
reasonable expenses. Surrogacy is allowed for women with medical conditions wherein it
becomes impossible or dangerous for the women to get pregnant and give birth. It is also
popular amongst same sex couple and single parents.

In UK the surrogate is the legal mother of the child unless a parental order from the court is
obtained20. Once the parental order is obtained, the surrogate would have no further rights to
the child. The law now allows a single person to apply for the parental order id he/she is the
biological parent.

The same has been increasing year by year. The parental orders in UL has tripled from “121
in 2011 to 368 in 2018”21. The number of surrogacy arrangements would be much higher,
since there is no obligation to seek such an order. UK allows only for altruistic surrogacy
only and the same is expenses based only.

In the UK, the surrogate is the legal mother of the child unless you get a parental order from
the court; even if the eggs and sperm used are yours or donated (i.e. she’s not genetically
related to the child). Once you have a parental order for the baby, the surrogate will have no
further rights or obligations to the child.

Who the second legal parent is at birth depends on the circumstances. If the surrogate is
married or in a civil partnership, her partner will automatically be the second legal parent
(until a parental order is granted), unless it can be shown that her partner did not consent to
her treatment. If the surrogate is single, then the man providing the sperm (if he wants to be
the father) will automatically be the second legal parent at birth. However, it is possible for
the surrogate to nominate a second legal parent such as the intended mother or non-biological
father if you’d all prefer. To do this, both the intended second parent and the surrogate will
need to give their consent before the sperm, egg or embryo are transferred22.

20
‘Surrogacy’, Human Fertilization and Embryology Authority, https://www.hfea.gov.uk/treatments/explore-all-
treatments/surrogacy/ (last accessed 16 November 2020).
21
Claire Fenton-Glynn, ‘Surrogacy: Why the world needs rules for ‘selling’ babies, BBC News,
https://www.bbc.com/news/health-47826356 (last accessed 16 November 2020).
22
‘Are there any Human Fertilization and Embryology Authority https://www.hfea.gov.uk/treatments/explore-
all-treatments/surrogacy/ (last accessed 16 November 2020).

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4.2 SURROGACY REGULATIONS IN UK

While the Surrogacy Arrangements Act 1985 (SAA 1985), and other legislation, governs
surrogacy arrangements, it remains that a surrogacy agreement is not enforceable by or
against any of the persons making it23. Moreover, commercial Surrogacy is still not
recognized by the laws of the country. There are two basic laws which govern the surrogacy
acts in UK:

 Human Fertilization and Embryology Act, 1990: The Human Fertilization and
Embryology Act 199024 established the legal framework that
governs infertility treatment, medical services ancillary to infertility treatment such as
embryo storage, and all human embryological research performed in the UK. The
Human Fertilization and Embryology, (HEF, Act 1990) applies to all of the United
Kingdom and is the Act which regulates parental orders. Other aspects of Surrogacy
are regulated by the Surrogacy Arrangements Act 1998. There are no international
agreements or Conventions which regulates how surrogacy should be managed
between countries so anyone considering entering into an inter country surrogacy
arrangements must remember that if they reside in the UK, they are subject to UK law
and the definitions which underlie it. In England and Wales as such is not illegal.
Neither the intended parents nor the surrogate commits an offence. However, it is
illegal on the part of the person who does it for commercial purpose25. Surrogacy is
legal in the UK, although the law does not recognize it as a binding agreement on
either of the parties involved during the period preceding and immediately after the
birth of the child25. In fact, UK couples who are planning a child through surrogacy
are looking abroad to countries where surrogacy is legal.

 Surrogacy Arrangements Act, 1985: The Surrogacy Arrangements Act 198526 is

an Act of the Parliament of the United Kingdom that prohibits
commercial surrogacy arrangements. The Surrogacy Arrangements Act 1985, which
was hastily drafted following concerns raised by the "Baby Cotton Case" (box),
23
Natasha Salbas, ‘The pitfalls of surrogacy arrangements’, Lexis Nexis,
https://www.lexisnexis.co.uk/blog/family-law/the-pitfalls-of-surrogacy-arrangements (last accessed 16
November 2020).
24
The Human Fertilization and Embryology Act 1990 (United Kingdom).
25
Surrogacy Arrangements Act 1985, s. 2 (United Kingdom).
26
Surrogacy Arrangements Act 1985 (United Kingdom).

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 prohibits commercial (but not voluntary) surrogacy agencies and outlaws advertising
for or about surrogacy. Only the commissioning couples and the host surrogate may
initiate, negotiate, or compile information to make 27a surrogacy arrangement. The act
does not prohibit payments to surrogate mothers. It has been supplemented by clauses
relating surrogacy in the Human Fertilization and Embryology Act 1990, which
restricted "licensable activity" to premises licensed by the Human Fertilization and
Embryology Authority. These activities include the creation or use of an embryo
outside the body and the use of donated eggs, sperm, or embryos.

British Medical Association Surrogate Motherhood Report of the board of science and education (London:
27

BMA Publications, 1987).

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 CHAPTER 5: COMPARATIVE ANALYSIS

In India and UK only, Altruistic surrogacy is allowed and the commercial surrogacy is
prohibited, but the laws relating to the same differ between the two countries. The same has
been elucidated upon in this chapter.

5.1 GENERAL COMPARISON

 In India only the medical expenses and insurance coverage is paid to the surrogate
whereas in UK only the “reasonable expenses” are paid, this does not include any
payment for the surrogate mother.
 The major statute governing the regulations in India is the Surrogacy (Regulation)
Bill, 2020 whereas that in the UK is Surrogacy Arrangements Act,1985.
 In India Commercial Surrogacy was banned in 2015, before it India used to be a baby
manufacturing factory. On the other hand, Commercial Surrogacy wasn’t allowed in
UK since 1985.

5.2 ELIGIBILITY CRITERIA FOR THE SURROGATE MOTHER

 According to India’s regulation the surrogate mother would be eligible only if she
falls in the age group of 25-35 years, there is no such specific age requirement in the
UK to become a surrogate mother.
 The surrogate mother has to be a close relative of the commissioning parents in India,
there is no such requirement in the UK.
 The surrogate mother has to be married in India, on the other hand, there is no such
requirement of marriage in UK.
 The surrogate mother has to have at least one child before being eligible for
surrogacy, there is no such requirement of children in UK.
 A woman can become a surrogate mother only once in India, there is no such
restriction in UK.
 India has no provision regarding the consent of partners to be eligible for surrogacy,
whereas in the UK there is no such requirement of obtaining consent from the partner.

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  In India the legal guardians of the surrogate child are the intending couple, whereas in
UK the legal guardian is the surrogate, the transfer of guardianship takes place
through adoption if there is a genetical relationship, in other cases a court order is
required28.
 The punishment for engaging in commercial surrogacy differs widely between the
two countries. In India a minimum of 10 years of punishment is granted in cases of
commercial surrogacy, whereas in UK a maximum of 3 months of punishment is
granted.

5.3 ELIGIBILITY CRITERIA FOR THE COMMISSIONING PARENTS

 In India the Commissioning parents are required to be married, whereas in UK there

is no such necessity, the commissioning parents can be living in a civil partnership or
can be living simply as partners.
 The Commissioning Parents have to be citizens of the country to be eligible for
surrogacy in India, whereas in UK permanent residency is required on part of the
commissioning parents.
 In India the commissioning parents must be proved infertile i.e. inability to conceive.
There is no such requirement in UK.

28
‘International Comparison of Surrogacy Laws’ (2016), PRS India,
https://www.prsindia.org/sites/default/files/bill_files/International%20comparison%20of%20surrogacy
%20laws.pdf (last accessed 17 November 2020).

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 CHAPTER 6: SUGGESTIONS FOR A CONVENTION REGULATING
SURROGACY LAWS

The laws and views of Surrogacy differ from country to country. The socio-ethical concern of
Surrogacy is the major reason why laws vary. In order to avoid Conflict of Laws, and to
allow adults to make their own decisions, altruistic surrogacy should be allowed in every
nation to every adult who wishes to have a child and has resources to support his/her
upbringing.

Furthermore, the international regulatory vacuum that exists in relation to international

surrogacy arrangements leaves children born through this method vulnerable to breaches of
their rights, and the practice may often amount to the sale of children 29. This is more
dangerous than creating an international convention to regulate surrogacy laws.

Laws should aim at balancing the legal rights of both the surrogate mother as well as the
intending couple. clear and comprehensive legislation should be formulated that prohibits the
sale of children. Furthermore, safeguards to prevent the sale of children in the context of
commercial surrogacy, which should include either the prohibition of commercial surrogacy
until and unless properly regulated systems are put in place to ensure that the prohibition on
sale of children is upheld. Safeguards should also be ensured to prevent sale of children under
the pretext of altruistic surrogacy. Protect the rights of all surrogate-born children, regardless
of the legal status of the surrogacy arrangement under national or international law.

Such laws and protections would only help in making the surrogacy laws easier across the
globe and would promote surrogacy and the feeling of unity amidst the nations. This would
also help in ensuring proper remedies in case there is breach of rights of any party. It would
also help in ensuring that the best decisions are taken for ensuring a child’s future.
Furthermore, more single parents as well as gay couples would be able to go for surrogacy
rather than adoption. This would provide the medically unfit people with the option of either
adopting or having a biological child through surrogacy, while protecting the rights of the
parties involved.

29
Surrogacy, United National Human Rights Office of the High Commissioner,
https://www.ohchr.org/EN/Issues/Children/Pages/Surrogacy.aspx (last accessed 17 November 2020).

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 CHAPTER 7: CONCLUSION

Surrogacy is an area that revolved round with ethical, moral and legal issues. In the whole
aspects of surrogacy, it is the surrogate mother who is subject to physical, mental and
economical exploitations because the pain and agony they undergone with cannot be possible
to realize by the prospective mother and that is why it is important that her interests must be
safeguarded under the contract in such a way that a proper balance could be possible to
maintain between both the mothers (intending mother as well as the surrogate mother).

Though the Surrogacy Bill 2020 has removed a lot of hinderances and discouraged India as a
“baby factory”, there are still a few fallacies of the same. The Bill only allows altruistic
surrogacy by putting a blanket ban on commercial surrogacy. It forbids foreigners, NRIs, and
PIOs from commissioning surrogacy in the country. It deprives the surrogate mother of
availing the benefits of commercial surrogacy. Though this is in need of the socio-ethical
issue, but a straight jacket ban proves to hinder the surrogacy laws and further ignores the
potential loss in the form of medical tourism.

Further, while comparing India and UK’s laws regarding surrogacy, it has been noticed that
the scope of surrogacy in UK is much wider than that in India as it allows single parents as
well as gay couples to opt for surrogacy which is not an option in India. The UK laws also do
not provide an age limit, marriage restriction, consent issue etc. for the surrogate mother
which might be a good option to adopt in Indian laws as well. Both the countries ban
commercial surrogacy but permit altruistic surrogacy yet the difference in the punishment for
commercial surrogacy varies a lot. This shows the difference in the socio-ethical concern in
the two countries

An international regulation regarding the same is a must so as to fill the gap in the laws
existing in different countries. It would further help to ensure proper protection of rights of
the child, the surrogate mother as well as the intended couple. It would provide couples as
well as single parents to have a biological child if they don’t want to go for adoption.
Therefore, an international convention or regulation regarding surrogacy is the need of the
hour.

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