Comparative study of surrogacy related laws in UK, USA and India
DOI:
https://doi.org/10.63682/jns.v14i30S.8477Keywords:
Surrogacy, surrogate altruistic surrogacy, commercial surrogacy, worldwide comparison, mental health, India, UK, Canada, USAAbstract
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
Metrics
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
How to Cite
Issue
Section
License

This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
Terms:
- Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.