SURROGACY: AN INTROSPECTION THROUGH LEGAL, ETHICAL DEFIES

India, being a front runner to become the worlds one of the prominent economic power, has to tend to the nitty-gritty of womens peril they face at various quarters of life. Surrogacy refers as renting a womb a simple as it implies, but as intricate as entangled mesh of veins. In medical terminology surrogacy refers to the artificial implantation, In vitro fertilization to the surrogate in optimum conditions that are adequate for implantation. The surrogacy is legalized in a few countries only such as U.S.(some states of it), New Zealand, Australia etc. nations like Indian, Sri Lanka, Pakistan etc confronts the lacuna of inadequate and ineffective legislation with regard to the same. FOCUS The paper conveys out the ethical aspects of surrogacy in international as well as Indian arena ETHICAL FACETS Ethical issue relating to individual rights variegated from one countrys culture, societal and ethical backgrounds. The act of surrogacy is a way to chip into easiness to the human paraphernalia. This tendency of promulgation of lenience but adversely affects the moral and psychological spheres of the individuals. The Mother is said to be the architect of a civilization, selling or hiring that motherhood itself amount to the deterioration of ethical and moral ideals. Many religions consider it as a sin rather some cites mythological incidents, propagating it. The international survey ARSM 1999 & 2001 states that 65% of the worlds populace upheaval actively as well as passively against Surrogacy. SURROGACY & LEGAL FACADES Warnock Committee regarding Surrogacy had made in its detailed analysis that, it is legalized mostly in developing countries namely South Africa, Brazil, HongKong, Israel etc. when compared to that of developed nations like France, Germany, Italy, Spain etc. which purports an antithesis of the same. The HSMO 1984, report states the inadequate legislations with regard to IVF and Assisted Reproductive Technology in many of the states inclusive of India where it is in practice. There exists still ambiguity concerning commissioning couples and their rights and gestational surrogacy. SURROGACY IN INDIAN SOD Reproductive health of our women also faces threats in the form of acute poverty, malnutrition, and improper ante- natal and post- natal treatments. The problem that persists is that the policies envisioned by the Govt. do not reach its beneficiaries; similar is the perception of

Surrogacy in India. The paper analyses the Anand case and Baby Manji case and ART Bill 2010 in concurrence with surrogate agreements in the context of Law of Contact in India. CONCLUSION The paper thus voyage through the ethical and legal facades of Surrogacy & relative reproductive rights with special mandate to Indian sod in consensus with the international dominion.

Presented by, NAZAI NAZAR VI SEMESTER, 5yr LL.B. HIS HIGHNESS THE MAHARAJAS GOVERNMENT LAW COLLEGE KOCHI-11, KERALA Email id: nazainazar@gmail.com Ph no:08907121432