Comparative study of surrogacy related laws in UK, USA and India

Authors

  • Mohammad Aslam
  • Uday Veer Singh

DOI:

https://doi.org/10.63682/jns.v14i30S.8477

Keywords:

Surrogacy, surrogate altruistic surrogacy, commercial surrogacy, worldwide comparison, mental health, India, UK, Canada, USA

Abstract

In the global critique and public discussion of commercial surrogacy, income inequality has emerged as a central theme. We examine surrogacy from a gender perspective using available empirical data, including our two field studies in India and the US, and demonstrate how the visibility of gender inequities in a transnational environment promotes presumptions at the local and national levels. By doing this, we draw attention to the story of inequity, examine the complexities of surrogacy beyond a single narrative, and demonstrate how that story works to obscure the nuanced, lived realities of people who participate in surrogacy

Downloads

Download data is not yet available.

Metrics

Metrics Loading ...

References

Article 4 of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption; Convention on the Adoption of Children (Revised) art. 5(5), Nov. 27, 2008, C.E.T.S. No. 202.

American Law Reports “Validity and Construction of Surrogate Parenting Agreement” 77 A.L.R4th 70 (1989).

Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine art. 14, Apr. 4, 1997, C.E.T.S. No. 164.

Convention for the Protection of Human Rights and Fundamental Freedoms art. 8, Nov. 4, 1950, as amended June 1, 2010, C.E.T.S. No. 5

Lori B Andrews, “Beyond Doctrinal Boundaries: A Legal Framework for Surrogate Motherhood” New Directions in Family Law 81 (1995).

Douglas Gillian, “ Law Fertility and Reproduction”, (1991, London, Sweet and Maxwell)

Martha A. Field, Surrogate Motherhood: Legal and Human Issues 116 (1990).

P. Saxena, “Surrogacy: Ethical and Legal Issues” Indian Journal of Community Medicine 212 (2012).

SECONDARY SOURCES

Amrita Pande, Not an “Angel,” Not a “Whore”, 16 INDIAN J.GEND. STUD. 141, 160 (2009).

Amy M. Larkey, “Redefining Motherhood: Determining Legal Maternity and Gestational SurrogacyArrangements” Drake Law Review 51 (March, 2003)

Braude, P.: Measuring success in assisted reproductive technology. Science 2002; 296: 2101

British Medical Association Annual Representative Meeting Report (1987. BMJ 1985;295(suppl))

British Medical Association Surrogate motherhood Report of the board of science and education (London: BMA Publications, 1987)

Carol Dan Browning, “Burden of Proof in a Paternity Action” 25 Journal of Family Law 357 (October,1986).

Carrera , P.M. & Bridges J.F.P (2006) : “ Globalisation and Healthcare : Understanding Health and Medical tourism”, Expert review of Pharmacoeconomics and Outcomes Research , 6(4), pp.447- 454

Elizabeth Marquardt, One Parent or Five 47 (2011)

Downloads

Published

2025-07-23

How to Cite

1.
Aslam M, Singh UV. Comparative study of surrogacy related laws in UK, USA and India. J Neonatal Surg [Internet]. 2025Jul.23 [cited 2025Sep.13];14(30S):1362-8. Available from: https://jneonatalsurg.com/index.php/jns/article/view/8477