THE LEGAL AND ETHICAL BOUNDARIES OF PARENTAL RIGHTS IN SURROGACY ARRANGEMENTS
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-18 ISSUE NO:- 18 , DECEMBER 30, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored by:- Gungun kochar THE LEGAL AND ETHICAL BOUNDARIES OF PARENTAL RIGHTS IN SURROGACY ARRANGEMENTS ABSTRACT Motherhood is often seen as a profound milestone, bringing a sense of fulfilment to many women. However, not all women are naturally granted this gift, as infertility can arise from various factors, such as medical conditions, accidents, or a partner’s reproductive challenges. Fortunately, advancements in science have provided a remarkable solution: surrogacy. Surrogacy, as contrasted with adoption, offers childless couples the opportunity to become parents through a biological connection to their child, which is a life-changing praising for those who are infertile. The longing and need to have a genetically related child are at the focal point of any the procedure. For individuals who are economically disadvantaged and struggle to sustain themselves despite available resources, surrogacy often becomes a necessity a means of livelihood. On the other hand, for those unable to conceive or have their own child, the profound desire for parenthood fuels the demand for surrogacy. Keywords: surrogacy, necessity and desire, facing infertility, parental responsibility, biological identity INTRODUCTION According to Ellen DeGeneres, “the beneficial thing regarding carrying a newborn into the globe is the reality that one has the opportunity to start and grow a family that is formed on affection not just blood.” In India, there has been plenty of discussion about foetal carrier arrangements, which involve a woman carrying and giving birth to an an egg on behalf of a couple or third party. Once a relatively unfamiliar concept, fertility facilitation gained prominence alongside advancements in technology for fertility treatments (ART). For many, childbearing assistance has been transformative, providing a viable path to parenthood that was previously unattainable. As reproductive procedures become increasingly accessible, a growing countless people and spouses struggling with infertility are embracing surrogacy to fulfil their dream of having a child. While collaborative reproduction has brought immense joy to countless families worldwide, it also raises significant moral, ethical, legal, and societal questions that warrant thoughtful consideration and discussion. Parental surrogacy arrangement introduces a nuanced set of challenges and concerns as it transforms the natural process of reproduction into a structured contractual and, at times, commercial arrangement. These complexities play a significant role in shaping the evolving dialogue around surrogacy, encouraging deeper reflection on its ethical, legal, and societal implications. However, this monetization course of action has given rise to notable ethical, legal, and socioeconomic obstacles. The adverse consequences of unregulated third-party reproduction have been brought to attention through growing updates of the exploitation of contractual mothers, inequitable contracts, and disagreements over guardianship The Indian government has responded to growing concerns by introducing legislation aiming to safeguard the liberties and well-being of an embryo mothers, children conceived through gestational carriers, and authorised parents while focussing on the critiques surrounding these methods(dadhich, 2013) The Surrogacy (Regulation) Act, 2021, which forbade commercial egg donation and promoted altruistic gestation, marked a significant change in India’s position on embryo donation, and it has had a significant impact on the enforcement of parenting settlements. Significant negotiations regarding the entitlements and responsibilities of all parties have also been sparked by this new law. This new legislation has had a profound effect on the enforcement of parenting arrangements and has sparked important discussions relating to the privileges and responsibilities of all participants involved. A woman, commonly to as a human embryo contributor, formally commits to carrying an infant to term for expected families who seek the legal transfer of the child when it is born. LITERATURE ASSESSMENT This research undertook an in-depth review of existing literature, drawing on diverse sources to offer a comprehensive understanding of the topic. These were reports from administration and charitable organisations as well as books, legal texts, policy documents, and scholarly pieces from reputable academic journals. Additionally, media accounts, magazines, and printed publications were analysed to capture contemporary public discourse and societal viewpoints. This thorough exploration of multiple sources ensures a well-rounded perspective on the topic, encompassing both legal and social dimensions. The research incorporated an in-depth analysis of the legislative process, judicial decisions, and relevant legal documents to assess the evolving legal landscape surrounding the subject. Both print and digital sources were meticulously examined to ensure a thorough review of both historical and contemporary materials. This approach guaranteed that the study was firmly based on a broad spectrum of credible perspectives and data, offering a well-rounded and up-to-date understanding of the issue at hand. The legal issues surrounding the role of a surrogate mother are explored by author Field Maratha in her book “The Legal and Human Issues.” The laws pertaining to surrogacy are still being debated in several jurisdictions. The legal system governing reproductive problems is deemed insufficient, and the problem is said to be based on value judgements. The general public should be involved in tackling these complicated issues rather than just lawmakers, solicitors, or the judiciary. Maratha emphasizes the need for a range of perspectives to be considered and adapted in order to better address the surrogacy process, along with the rationale to support these perspectives. In a similar vein to the ineffectiveness seen in the adoption process, prenatal contracts should be deemed invalid in the context of surrogacy. Additionally, following embryo donation, it is advised that the mother retain custody of her child without the need to prove to a judge that she is a more suitable parent than the biological father. THE OVERARCHING AIM OF THE ARTICLE Fostering an appropriate perspective on the ethical conundrums, pitfalls of law, and societal effects of unsuccessful conception in India is one of the main goals of this research. The present research proposes to look into substantial issues surrounding how different participant such as expected parents, medical professionals, artificial mothers, and legal authorities have shaped the embryo donation industry. It will specifically look at how societal attitudes, legal frameworks, and cultural norms