Birthing a contract: A critical evaluation of commercial surrogacy in India through a contractual framework

Kumar, Manasi (2017) Birthing a contract: A critical evaluation of commercial surrogacy in India through a contractual framework. Indian Law Review, 1 (3). pp. 206-231. ISSN 24730580

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Abstract

The future of commercial surrogacy is uncertain in India. While the Indian Parliament is currently considering a proposed ban on commercial surrogacy, there is strong opposition to a complete ban. Instead, it seems likely that a regulatory framework is going to be the way forward for commercial surrogacy. This paper maps the development of various proposed regulatory frameworks over the past decade, paying close attention to the form contracts drafted by the Ministry of Health and Family Welfare. In the process, suggestions are made to restructure the surrogate’s compensation, the manner of payment, the termination and remedies provisions, and the disclosures contained in the form contract, in a manner which can adequately address concerns regarding the potential of exploitation of the surrogate.

Item Type: Article
Keywords: Surrogacy | Commercial Surrogacy | India Surrogacy | Contracts| Gender
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 26 Jan 2022 04:21
Last Modified: 26 Jan 2022 04:55
Official URL: https://doi.org/10.1080/24730580.2018.1446659
URI: https://pure.jgu.edu.in/id/eprint/851

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