ABSTRACT
The notion of family has been a significant factor in shaping this civilization since ancient times. The right to enter into matrimony and form a family has long been seen as an inherent and essential entitlement of every individual. Human rights legislation affirms the inherent entitlement of every individual to enter into matrimony and establish a household. The institution of family has been widely recognised as the essential unit of social relationships in societies throughout. When two individuals enter into a marital union, a new family is formed, which becomes fully established through the birth of offspring. Regrettably, the natural distribution of the ability to conceive a child is not uniform. Infertility refers to the medical condition of being unable to conceive a child. The juxtaposition of a child’s ability to establish a family with the inability to conceive offspring presents a challenging predicament for the married pair. The societal expectation for couples to procreate might occasionally result in the dissolution of their marriage and expose them to social disapproval.
The field of obstetrics and gynecology has witnessed significant scientific and technical progress, leading to the emergence of surrogacy as a feasible option for individuals of all genders to achieve parenthood. Nevertheless, the journey towards actualization remains riddled with legal and ethical quandaries. This essay seeks to analyze the legal intricacies associated with the implementation of the Surrogacy Act of 2021, taking into account the societal norms that control the current situation. This study examines various dimensions relevant to surrogacy, including eligibility criteria, health concerns, surrogate mother and child rights, financial burden, and compensation. The objective of this article is to draw attention to the aforementioned act and its ramifications on marginalised sectors of society, with the intention of effecting positive transformations for these individuals. This assessment aims to propose feasible options implemented worldwide to address the identified shortcomings, thereby ensuring that the current legislation is fair and beneficial to all parties concerned.