SURROGACY AND

PARANTAGE ISSUES
Navigating Legal, Ethical, and Cultural
Landscapes
A PowerPoint presentation by :Mayank Kumar
Mishra
Submitted to : Dr. Anuja Mishra
Enrollment number :CUSB2213125049
Subject : Family Law
Section : A
 INTRODUCTION TO SURROGACY
• What is Surrogacy? Surrogacy is a specialized form of assisted reproductive technology
where a woman, known as a surrogate, carries and gives birth to a child on behalf of
another person or couple, referred to as the intended parents. The arrangement is
typically formalized through a legal agreement.
• Key Participants:
• Surrogate Mother: A woman who agrees to carry the pregnancy and give birth.
• Intended Parent(s): Individual(s) who will become the child's parent(s) after birth.

• Types of Surrogacy:
• Traditional Surrogacy: The surrogate is the biological mother of the child since her own egg is used,
fertilized with the intended father's or a donor's sperm.
• Gestational Surrogacy: The surrogate has no genetic link to the child. An embryo, created via in vitro
fertilization (IVF) using the egg and sperm of the intended parents or donors, is implanted in her uterus.

• The Role of Legal Agreements: Legal agreements are crucial in surrogacy

arrangements. They outline the rights, obligations, and intentions of the surrogate and
the intended parents, including arrangements for the surrogate's compensation, the legal
parentage of the child, and the process for handling any potential medical or ethical
issues that arise during the pregnancy.
Relevance in Hindu society
• Cultural Context: In Hindu culture, the importance of
continuing one’s lineage and the desire for a male heir to
perform last rites have deep religious and cultural significance.
Surrogacy opens new avenues for fulfilling these desires,
especially for couples facing infertility challenges.
• Scriptural Insights: Hindu scriptures and epics, like the
Mahabharata, contain narratives of non-traditional births and
divine interventions, hinting at early conceptual endorsements of
surrogate-like scenarios, which can be paralleled with today’s
surrogacy practices.
• Ethical and Social Considerations: The practice of surrogacy
in Hindu society prompts vital discussions on ethics, morality,
and social acceptance, balancing modern medical practices with
traditional beliefs.
 Navigating the Intersection:
Surrogacy
Surrogacy, as an assisted and Hindu
reproductive technology,Family
presents uniqueLaw challenges and
considerations within Hindu family law, a domain deeply rooted in religion, tradition, and
evolving legal standards. The legal framework around surrogacy in India, including Hindu
families, has been a subject of significant evolution, aiming to balance ethical concerns,
traditional family values, and the rights of all parties involved.
• The Hindu Marriage Act, 1955: Primarily governs marriage, succession, and inheritance
within Hindu society but does not directly address surrogacy. The need for legal
adaptations to include surrogacy arrangements reflects the changing landscape of family
creation.
• The Surrogacy (Regulation) Act, 2021: Marks a pivotal development in the legal
recognition of surrogacy. It outlines the ethical and legal framework for surrogacy in India,
aiming to protect the rights of the surrogate and the intended parents while considering
the welfare of the child to be born. This Act is secular and applies to all citizens, including
Hindus, and emphasizes altruistic surrogacy over commercial.
• Custody and Inheritance: Key concerns in Hindu family law regarding surrogacy revolve
around the child's custody and inheritance rights. The law ensures that a child born
through surrogacy has the same rights of succession and inheritance as a biological child.
• Ethical and Social Dimensions: Hindu family law, while adapting to modern
reproductive technologies, continues to grapple with the ethical, religious, and social
Exploring the Ethical and Cultural
Terrain of Surrogacy
Surrogacy, while offering hope to many aspiring parents, navigates complex ethical and cultura
landscapes, especially within Hindu society. The practice brings to light various considerations tha
intertwine deeply with beliefs, values, and ethical norms, reflecting both ancient traditions and modern
ethical debates.
• Ethical Considerations:
• Altruism vs. Commercialism: The debate between altruistic surrogacy, seen as a selfless act, versus commercia
surrogacy, often criticized for commodifying the womb and potentially exploiting surrogate mothers.
• Rights and Autonomy of Surrogate Mothers: Ensuring the rights, health, and autonomy of surrogate mothers
are paramount, alongside providing them with adequate support and safeguards.
• Child’s Welfare: Prioritizing the best interests of the child, including considerations around the child's rights
identity, and social integration.

• Cultural Considerations:
• Continuity of Lineage: In Hindu culture, the importance of lineage and progeny is paramount, and surrogacy
presents a new avenue for fulfilling these deeply rooted desires.
• Social Acceptance: The acceptance of surrogacy varies widely, with some viewing it as a noble deed helping
others achieve parenthood, while others may have reservations based on traditional beliefs about conception and
parenting.
• Religious Perspectives: Hinduism’s vast array of narratives, including those involving divine births and non
traditional parentage, offers a rich context for interpreting surrogacy. Yet, translating ancient scriptures to justify
modern surrogacy practices requires careful consideration and dialogue.

• Balancing Tradition and Modernity: The challenge lies in navigating surrogacy's ethical and
Navigating Legal Parentage in
Surrogacy
Parentage in surrogacy arrangements presents intricate legal, social, and emotional considerations
particularly within the framework of Hindu family law. Addressing parentage issues involve
clarifying the rights, responsibilities, and identities of all parties involved, while ensuring th
welfare of the child remains paramount.
• Determining Legal Parentage:
• Biological vs. Intended Parenthood: The distinction between biological parenthood (genetic contribution
and intended parenthood (intention to raise the child) is crucial in surrogacy arrangements, especially in case
of gestational surrogacy where the surrogate has no genetic relation to the child.
• Legal Agreements: Formal legal agreements outlining the intended parentage and rights of all partie
involved are essential to clarify parentage from the outset and avoid disputes later on.

• Challenges and Considerations:

• Documentation and Registration: Surrogacy arrangements often require meticulous documentation an
registration processes to establish legal parentage, particularly in cases involving international surrogacy o
cross-border reproductive care.
• Citizenship and Nationality: Parentage issues may also intersect with citizenship and nationality laws
necessitating careful consideration of the child's legal status and rights in different jurisdictions.
• Social and Emotional Bonds: While legal parentage may be determined by contractual agreements an
legal procedures, the social and emotional bonds between the child and intended parents, as well as th
surrogate, also play a significant role in defining parent-child relationships.

• Rights of the Child:

Exploring Real-World Scenarios
• Case studies offer valuable insights into the complexities and
nuances of surrogacy arrangements, highlighting the legal, ethical,
and emotional dimensions involved. The following examples provide
a glimpse into the diverse experiences and outcomes of surrogacy
within Hindu family law and broader contexts.
• Case Study 1: Legal Recognition of Surrogacy
• Background: A Hindu couple opts for gestational surrogacy to overcome
infertility challenges.
• Legal Challenge: The absence of clear guidelines in Hindu family law raises
questions about the legal recognition of the surrogacy arrangement and the
parental rights of the intended parents.
• Resolution: Through meticulous documentation and legal procedures, the
couple successfully establishes their parentage and secures legal recognition
for their child, navigating the complexities of surrogacy within existing legal
frameworks.
 Case 2: Ethical Dilemmas and
Background: In a Hindu community, a couple, unable to conceive a child due to medical reasons, decides to pursue

Social Bonds
surrogacy as a means to fulfill their desire for parenthood. They find a surrogate mother who agrees to carry their
child to term. Throughout the pregnancy, the surrogate forms a deep emotional bond with the unborn child,
experiencing the joys and challenges of pregnancy firsthand.
Ethical Dilemma: As the pregnancy progresses, the surrogate mother's emotional attachment to the child raises
significant ethical dilemmas. While the intended parents eagerly anticipate the arrival of their child, they become
increasingly concerned about the surrogate's emotional connection and the potential impact on the surrogacy
arrangement. Questions arise about the surrogate's role, rights, and responsibilities, as well as the ethical
implications of the emotional bonds formed during the pregnancy.
Resolution: To address the ethical dilemmas and preserve the integrity of the surrogacy arrangement, open
communication, empathy, and legal support are essential. The intended parents and the surrogate engage in honest
and compassionate dialogue, acknowledging the complexity of their situation and prioritizing the well-being of the
child above all else.
Through mutual understanding and respect, the parties involved navigate the emotional complexities of surrogacy
with sensitivity and empathy. Legal experts provide guidance on the rights and responsibilities of each party,
ensuring that the surrogate's emotional connection to the child does not compromise the intended parents' parental
rights or the child's well-being.
Ultimately, the ethical dilemmas surrounding emotional bonds in surrogacy highlight the importance of
communication, empathy, and legal clarity in navigating complex reproductive arrangements. By fostering a
collaborative and mutually respectful relationship, the intended parents and the surrogate mother uphold the
principles of dignity, autonomy, and child welfare, creating a positive and supportive environment for the child's
arrival into the world.
Key Takeaways:
• Surrogacy arrangements can give rise to significant ethical dilemmas, particularly concerning emotional bonds
formed during pregnancy.
• Open communication, empathy, and legal guidance are crucial for addressing ethical concerns and preserving the
integrity of surrogacy arrangements.
Case 3 :Cross-Border Surrogacy
Challenges
Background: A Hindu couple, residing in a country with stringent surrogacy laws, turns to cross-border
surrogacy in a country where the regulations are more permissive. Eager to become parents but unable to do
so naturally, they engage a surrogate mother in a foreign country to carry their child. This decision introduces
them to the complex world of international surrogacy, fraught with legal, ethical, and logistical challenges.
Legal and Ethical Considerations: The couple faces a multitude of legal hurdles, including differences in
surrogacy laws between countries, issues of citizenship for the child, and the legal recognition of their
parenthood across borders. Ethically, the arrangement prompts scrutiny regarding the surrogate's rights and
well-being, concerns about exploitation, and the implications of "surrogacy tourism."
Resolution: To navigate these challenges, the couple meticulously plans their journey:
• Legal Consultation: They consult with legal experts specializing in international family law and surrogacy
to understand the legalities in both their home country and the surrogate's country.
• Ethical Considerations: Conscious of the ethical implications, they choose a surrogacy agency that
operates with high standards of transparency, fairness, and respect for surrogate mothers.
• Building a Relationship with the Surrogate: To address potential ethical and emotional concerns, the
couple makes efforts to build a supportive and respectful relationship with the surrogate, ensuring her well-
being is prioritized throughout the pregnancy.
• Navigating Citizenship and Legal Parentage: The couple prepares for the complex process of ensuring
their child's citizenship and their legal recognition as parents, involving extensive documentation and, in
some cases, legal proceedings.
Outcome: The couple's thorough preparation and commitment to ethical practices enable them to successfully
navigate the complexities of cross-border surrogacy. Their child is born healthy in the surrogate's country, and
through diligent legal processes, they secure the child's citizenship in their home country and are formally
The Surrogacy (Regulation) Act,
2021
Objective: To regulate the practice of surrogacy in India by establishing ethical and legal frameworks to protect
the rights of all parties involved, including the surrogate mother, intended parents, and the child.
Key Features:
• Eligibility Criteria for Intended Parents:
• The Act restricts surrogacy services to Indian married couples, Indian-origin married couples, and Indian single women
(widows or divorcees).
• Couples must have a medical condition necessitating surrogacy, with certificates of proven infertility.
• Couples must not have any surviving biological, adopted, or surrogate children (exceptions include a child with a life-
threatening medical condition).
• Rights and Protections for Surrogate Mothers:
• Surrogacy is allowed only for altruistic purposes; commercial surrogacy is banned.
• Surrogate mothers must be a close relative of the intending couple, a married woman having a child of her own, and
between the ages of 25-35 years.
• The surrogate mother has the right to medical and insurance coverage during and after the pregnancy.
• Regulation and Oversight:
• Establishment of National and State Surrogacy Boards to oversee surrogacy arrangements and ensure compliance with the
Act.
• Surrogacy clinics must be registered and comply with the standards and norms prescribed under the Act.
• Legal Parentage and Citizenship:
• The child born through surrogacy will be deemed the biological child of the intending parents.
• The Act ensures the child born through surrogacy in India obtains a certificate of birth mentioning the names of the
intending parents, thereby securing the child's rights and citizenship from birth.
• Implications: Introduces a legal framework aimed at curbing the exploitation of surrogate mothers and
protecting the rights of children born through surrogacy. Poses challenges for various stakeholders due to
Legal Challenges and Reforms
Legal Challenges:
• Complex Regulatory Framework: The intricate nature of surrogacy laws, which vary significantly between states
and countries, creates a complex regulatory environment. Navigating these can be daunting for intended parents and
surrogates alike.
• Ethical Concerns: Surrogacy raises ethical questions about the commodification of women's bodies, exploitation of
surrogates, and the rights of the child.
• Legal Recognition of Parentage: Establishing the legal parentage of children born through surrogacy can be
challenging, especially in jurisdictions with outdated or inadequate legal frameworks.
• International Surrogacy: Cross-border surrogacy introduces additional complications, including citizenship and legal
status of the child, conflicting international laws, and potential statelessness.
• Protection of Surrogate Mothers: Ensuring the rights, health, and well-being of surrogate mothers often requires
stronger legal safeguards against exploitation and coercion.
Reforms:
• Standardization of Laws: There is a growing call for the standardization of surrogacy laws at both national and
international levels to facilitate clearer, more consistent regulations.
• Strengthening Ethical Guidelines: Implementing and enforcing ethical guidelines that protect all parties involved in
surrogacy arrangements, focusing on the rights and welfare of the child and surrogate mothers.
• Clear Parentage Laws: Updating and clarifying laws regarding the establishment of legal parentage for children born
through surrogacy, ensuring their rights and identities are protected from birth.
• Regulation of Surrogacy Agencies: Instituting stringent regulatory measures for surrogacy agencies and fertility
clinics to prevent unethical practices and exploitation of surrogates.
• Support and Advocacy: Providing support systems for surrogate mothers, including legal aid, counseling, and
medical care, to safeguard their rights and well-being throughout the surrogacy process.
 Ethical Implications and Societal
Impact of Surrogacy
Ethical Implications:
• Commodification of Reproduction: Raises questions about the ethicality of treating reproductive services
as commercial transactions.
• Exploitation Risks: Highlights the potential for economic and emotional exploitation of surrogate mothers.
• Child's Rights and Welfare: Focuses on ensuring the rights and best interests of the child are prioritized,
including issues of identity and well-being.
• Inequality and Accessibility: Surrogacy can exacerbate social inequalities, making reproductive services
accessible only to those with means.
• Psychological Impact: Addresses the complex emotional and psychological effects on all parties involved,
emphasizing the need for psychological support.
Societal Impact:
• Changing Family Structures: Challenges traditional family models, introducing new concepts of
parenthood and family dynamics.
• Cultural and Religious Perspectives: Surrogacy intersects with cultural and religious beliefs, often
leading to varied societal acceptance and ethical debates.
• Legal and Policy Evolution: Prompts the evolution of laws and policies to address emerging ethical
dilemmas and to protect the rights of all parties involved.
• Social Stigma and Acceptance: The practice of surrogacy can face social stigma, requiring efforts towards
societal understanding and acceptance.
Future Directions in Surrogacy Law
and Practice
Adapting to Technological Advances: Laws and regulations need to evolve with scientific
advancements, ensuring ethical considerations keep pace with technological capabilities in
reproductive technologies.
Harmonization of International Laws: As surrogacy becomes a global issue, there's a growing
need for international legal frameworks to address cross-border surrogacy arrangements, preventing
exploitation and protecting the rights of all parties involved.
Enhanced Protection for Surrogate Mothers: Future legal reforms must focus on safeguarding
the health, rights, and welfare of surrogate mothers, including ensuring fair compensation, informed
consent, and access to comprehensive healthcare.
Clarification of Parental Rights: Clear legal definitions and processes are essential to establish
the parental rights of intending parents from the outset, avoiding disputes and ensuring the child’s
best interests are the priority.
Focus on the Child's Rights: Laws should emphasize the rights of the child born through
surrogacy, including the right to know their origins, and ensure they are afforded the same rights and
protections as any other child.
Ethical and Social Considerations: Ongoing debate and research into the ethical, social, and
psychological implications of surrogacy will help inform future laws, ensuring they reflect societal
values and moral considerations.
Public Education and Awareness: Increasing public understanding and acceptance of surrogacy
Conclusion
Summary of Key Points:
Surrogacy presents complex legal, ethical, and societal challenges, intersecting with cultural, religious,
and technological factors.
The Surrogacy (Regulation) Act, 2021, represents a significant step towards regulating surrogacy
practices in India, aiming to protect the rights of all parties involved.
Ethical considerations, such as the commodification of reproduction and the rights of surrogate mothers
and children, must remain central in future legal developments.
Societal attitudes towards surrogacy continue to evolve, necessitating ongoing dialogue, education, and
awareness to foster understanding and acceptance.
Reflection on the Journey:
Throughout this presentation, we have explored the multifaceted nature of surrogacy and parentage
issues within Hindu family law and broader societal contexts.
We have delved into the complexities of legal frameworks, ethical dilemmas, and the evolving
landscape of surrogacy law and practice.
Our examination has highlighted the importance of balancing legal, ethical, and societal considerations
to ensure the well-being and rights of all parties involved in surrogacy arrangements.
Call to Action:
As we move forward, it is essential to continue engaging in constructive dialogue, research, and
advocacy to address the challenges and opportunities presented by surrogacy.
By advocating for transparent, ethical, and inclusive practices, we can work towards creating a more
supportive and equitable environment for individuals and families navigating the surrogacy journey.
 Thank You

Thank you for your attention and participation in this discussion

on surrogacy and parentage issues. Together, let us strive to
promote dignity, respect, and justice in all aspects of family
creation and reproduction.