Surrogacy (Regulation) Bill, 2020 and its implication on the Constitutional Rights

Author: Aayushi Kulshrestha, Student, Symbiosis Law School, Noida, India

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ABSTRACT Surrogacy is a contract between a woman and a couple, wherein the surrogate agrees to carry the child of the couple. This arrangement, when executed in return for some monetary consideration, is called a Commercial Surrogacy. Women belonging to the economically backward sections of the society are the most vulnerable when it comes to Commercial surrogacy and therefore codifying surrogacy laws is a need of the hour. This paper discusses the two major clauses of the Surrogacy Regulation Bill, 2020, that is section 4(iii)(b) and Section 4(iii)(c), and its implications on the Fundamental Rights of the parties involved. It mainly focuses on the issues of Reproductive autonomy of the surrogates and the intending couples who do not come under the ambit of being eligible for surrogacy. However, after taking into consideration the suggestions made by the Rajya Sabha, the bill has given some reassurance to the women who are willing to act as surrogates. Right of equality and reproductive autonomy of Homosexual, Live-In and older couples is still in question as the bill does not talk about them. It is the prime duty of the legislature to balance the rights of the individuals against society.

Keywords: Surrogacy, Reproductive Autonomy, Commercial Surrogacy, Altruistic Surrogacy, Surrogacy Regulation Bill.

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