PROJECT ASSIGNMENT OF RESEARCH METHODOLOGY

ON

ASSISTED REPRODUCTION AND SURROGACY

SUBMITTED TO COURSE TEACHER: Prof. G.V. AJJAPPA SUBMITTED BY: KAJORI BHATNAGAR Ist YEAR LL.M (Human Rights) ID NO. : 474

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, NAGARBHAVI, BANGALORE

ACKNOWLEDGEMENT I would like to express my sincere gratitude to Prof .G.V. Ajjappa and Lakshmi.V our respected members of faculty and owe my foremost regards to them for giving me an opportunity to carry out this project work under their guidance. This work would not have been possible without their invaluable support and thought provoking comments. It is due to their patient guidance that I have been able to complete the task. I also extend my gratitude to the Librarian and the Library staff who made available the required materials within time. I am indebted to all those who guided me while doing the research work. Their valuable contributions have played a vital role in the completion of this project. Though I have tried out best at the same time I know that there is nothing called perfection so I would like to have all valuable suggestion for future I dedicate this project to all the people who believe that hard work and creativity needs protection and encouragement. Kajori Bhatnagar

RESEARCH METHODOLOGY STATEMENT OF AIM AND OBJECTIVE The aim of this paper is to evaluate the conditions prevalent regarding surrogacy arrangements in India and the need to regulate such arrangements keeping in mind principles of social justice and welfare. SCOPE In this paper the main focus has been to the various surrogacy arrangements, the conditions prevalent in India under which these arrangements are carried out and the need to govern these arrangements. HYPOTHESIS There is an urgent need of legislation to govern surrogacy in a proper way. RESEARCH QUESTION (a) Whether surrogacy arrangements in India amount to Economic Duress? (b) Whether such arrangements are against public policy? (c) Whether there is any Law which governs these arrangements? (d) Whether commercial surrogacy is justified method of surrogacy? STATEMENT OF PROBLEM In the absence of legislation there is large amount of exploitation that is being carried out of women belonging to weaker section of society and the fertility clinics are the ones who are making money in garb of surrogate arrangements, hence there is a need to protect them.

SOURCES The student researcher has referred to both primary and secondary sources. MODE OF CITATION A uniform system of citation is followed throughout in the contents

TABLE OF CONTENTS

ABSTRACT

06

INTRODUCTION

06

SURROGACY- AS A CONCEPT

07

TYPES OF SURROGATE ARRANGEMENTS

07

SURROGACY IN INDIA

09

SURROGACY ARRANGEMENTS IN INDIA

10

CONDITIONS PREVALENT IN INDIA

11

MORAL, ETHICAL AND LEGAL ISSUES RELATING TO SURROGACY IN INDIA 13

CONCLUSION

16

BIBLIOGRAPHY

18

ABSTRACT

Law is an instrument for social change. Law at a particular time shows societal mindset and thus changes itself accordingly according to changes in this society. Surrogacy is one such concept that requires attention of law in present time. This paper endorses the need for legislation that would be expressly required to govern law regarding surrogacy. It is discussed via means of this paper the conditions that are prevalent in society and the need to regulate them to prevent exploitation.

INTRODUCTION
--------Reproduction, parenthood and family are matters about which most people hold deep convictions - convictions which are often based on a certain theological or moral persuasion. Traditionally, these convictions reflect a socially constructed paradigm of a 'nuclear family' where reproduction takes place within a permanent relationship between one man and one woman to the exclusion of all others. This relationship has traditionally been considered to be mysterious, sacred and personal. Consequently, there is ambivalence about or discomfort with methods of human reproduction, which depart from this traditional and 'natural' process of creating human life. One such method of human reproduction which directly challenges traditional convictions concerning reproduction and the formation of a family is surrogate motherhood. ------- Stuhmcke (1995) The above quote from Stuhmcke (1995) brings forth the emotional, ethical, theological, cultural and sociological dilemmas about surrogate motherhood.1 Surrogacy has been a substitute method for producing children since the ancient times. Women across the globe have long used others to bear the children they could not conceive, relying on a combination of tradition, coercion, and affection to create the desired result. This desire of couple to have their own offspring leads them to refer to a female surrogate who blesses them with a child. But the issue that crops in is in case of commercial surrogacy where in most cases a woman due to her unfavourable socio-economic circumstances is pushed into such arrangements. These agreements involve large number of moral and ethical issues as well as legal compulsions which further complicate in absence f any concrete legislation. A regulated commercial surrogacy is boon for the surrogate, the child and the intended parents as well as it benefits all three. Presently it is unregulated in India which is a prominent center of such
1

Swapnendu Banerjee, Gestational Surrogacy Contracts: Altruistic or commercial?-A Contract

theoretic Approach, Gokhale institute of Politics and Economcs,2008

arrangements and thus to prevent further economic duress t is imperative that a legislation is brought about by the government.
SURROGACYAS A CONCEPT

Considering the growth of medical science for past 25 years, many significant strides have been made in the area of human reproduction which was previously off limits. A lot of issues with competing interests and ethical sensitivity have cropped in and thus have to be referred to by authorities. A detailed study about this concept was done by Warnock Committee2 which was established by Government of Britain four years after the birth of the first test tube baby. The word surrogate has its origin in Latin surrogatus, past participle of surrogare, meaning substitute that is a person appointed to act in place of another. Thus a surrogate mother is a woman who bears a child on behalf of another woman, either from her own egg or through the implantation in her womb of a fertilized egg from other woman Surrogacy was defined by this committee as the practice whereby one woman carries a child for another with the intention that the child should be handed over after birth. It was further defined by Blacks Law Dictionary3 as a process of carrying and delivering a child of another. This system of assistive reproduction has received more adverse criticism than any other new reproductive technique as it involves a lot of emotional and ethical turmoil. Moreover this issue encompasses a lot of legal issues depending upon the surrogate arrangement entered into by parties. TYPES OF SURROGATE ARRANGEMENTS Over the period of time, surrogacy has been classified into traditional and gestational surrogacy. i. Traditional surrogacy: In traditional surrogacy, the surrogate is pregnant with her own biological child, but the child is conceived with the intention of relinquishing the child to be raised by others who could be a biological father and possibly his spouse or partner, either

2 3

See Mary Warnock, A QUESTION OF LIFE ,Oxford: Blackwells ,p viii Black,H.C. , Blacks Law Dictionary,7th ed, St. Paul, Minn Publishers Group West,1999.

male or female. The child may be conceived via home artificial insemination using fresh or frozen sperm or impregnated via IUI or ICI which is performed at a fertility clinic.4 ii. Gestational surrogacy5: In gestational surrogacy, the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother6. The commission mother provides the ovum, which fertilized in vitro with her husband and is then gestated in surrogates uterus.7 She may have made an arrangement to relinquish all her rights to her biological mother or father to raise or to parents who are themselves unrelated to the child. This type of surrogacy is called full surrogacy or womb leasing. These two types of surrogacy could be altruistic or commercial in nature. In altruistic surrogacy the surrogate receives no payment or fees for gestation of the child or for relinquishing her rights over the child. While commercial arrangement is one where there is proper arrangement between the parties and the surrogate is paid for the services. The concern about legality of surrogacy arrangements begins in case of commercial surrogacy. In this type of surrogacy another woman agrees to nurture a baby for another lady in lieu of benefits or payments that she receives for the same. This issue comes under legal hammer as it seems to be of exploitive character wherein the financial incapacity and meagre resources of a section of society have been taken advantage of by people who can afford such arrangements. These sorts of arrangements have a comfortable plethora till the time they are complied with. The problem arises in cases where in one of the parties decides to rescind the contract. Thus it is imperative that there should be legislations to govern such arrangements. But the question is whether such arrangements should be legal and enforceable. SURROGACY IN INDIA

Baby Manji Yamda v. Union of India and anothers, AIR 2009 SC 84, at 6. See also Law Commission 228th Id. Biological mother, www.wordnik.com/words/biological mother, last visited on 23rd august, 2011. Guttmacher Institute ,American Fertility Societys Ethical Panel Examines Ethical Status of New

Report at 1.4.
5 6 7

Reproductive Technologies, Family planning Perspectives, vol. 19 , no.1 (Jan-Feb,1987),pp. 24-26 available at http://www.jstor.org/stable/2135363

India has emerged as a favourable destination for surrogacy and its Assisted Reproductive Technology (ART) industry. It is estimated that it has evolved into a 25-billion rupee business annually, with Law Commission describing it as a gold pot. The phenomenal rise in surrogacy in India has been due to it being cheap, socially accepted. Moreover, surrogacy has emerged as a preferred option because of complicated adoption procedures.8 In India surrogacy heralded with the delivery of its first surrogate baby on June 23rd, 1994, but it took eight more years to draw world attention to it when an Indian woman in 2004 delivered a surrogate child for her daughter in the U.K. Surrogacy as a medical process has matured over the years. India has become a booming centre of a fertility market, partly surreptitiously, and today there are an estimated 200,000 clinics across the country offering artificial insemination, IVF and surrogacy.9 Under Indian perspective, surrogacy arrangement is defined as an arrangement entered between the surrogate mother and the intended parent, making their intentions clear with regard to each other. This sort of an agreement is supposed to contain all details of the intended relationship between the intended parents, surrogate mother and the child. The contents of the agreement are also required to contain the payment module to the surrogate mother. Further it is required to determine the rights and liabilities of the intended parties. It is worth noting that there is no law governing surrogacy in India at present. Therefore what has been the guiding force are the guidelines so issued by the Indian Council for Medical Research in the year 2005. As per these guidelines the Supreme Court in Baby Manjis case held commercial surrogacy to be legal in India. A draft bill was formulated by the Indian Parliament, under the name Assisted Reproductive Technology (Regulation) Bill and Rules 2008 which envisaged legalizing commercial surrogacy. But at the same time there was 228th Report of law Commission which recommended banning commercial surrogacy and legalizing only altruistic surrogacy. SURROGACY ARRANGEMENTS IN INDIA These arrangements in India are entered between the intended parents and the hospital or the agency agreeing the terms and conditions which determine the conduct of the parties during the surrogacy agreement. These arrangements cover all the details that are required to be
8

M.L.Dhar,Need to Regulate Indain Surrogacy Industry,http://indaincurrentaffairs.org/need-to-regulate-indianId.

surrogacy-industry-m-l-dhar/ last visited on May 14,2011

9

followed by the parties during subsistence of these agreements. It is also worth to be noted that these agreements are enforceable in India. There is presently no law to govern these arrangements as such. But Indian Council for Medical Research had given out guidelines relating to surrogacy process in India which formed basis of Supreme Court judgment in Baby Manjis case. These guidelines say that:10 (1) A child born through surrogacy must be adopted by the genetic parents unless they can establish through genetic (DNA) fingerprinting (of which the records will be maintained in the clinic) that the child is theirs.
(2) Surrogacy by assisted conception should normally be considered only for patients for

whom it would be physically or medically impossible / undesirable to carry a baby to term. (3) Payments to surrogate mothers should cover all genuine expenses associated with pregnancy. Documentary evidence of the financial arrangement for surrogacy must be available. The ART centre should not be involved in this monetary approach. (4) Advertisements regarding surrogacy should not be made by the ART clinic. The responsibility finding a surrogate mother, through advertisement or otherwise, should be with the couple or semen bank. (5) A certain age is prescribed by the Council. Any surrogate mother is not supposed to be above 35 years of age. Before accepting a woman a s possible surrogate for a couples child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full term pregnancy. Also as per these guidelines no woman is allowed to act a s surrogate more than thrice in her lifetime. (6) It is also to be ensured that the prospective surrogate mother has been tested for all sorts of diseases including HIV. Also it is required that she should provide a certificate that she has not had a drug intravenously administered into her through a shared syringe or a blood transfusion and it is also required that she certifies that she would not indulge in any of these activities other than through a certified authority.

10

Irvi H.Thakkar, Is Surrogate Motherhood Moral? 2011 Cr.L.J88, 93

These guidelines have been very helpful in at least determining as to how these contracts have to be carried out by the parties concerned. But it has to be seen that as such there is no conclusive law to govern the same. Hence it is observed that these guidelines are openly vitiated by the people. This regulatory gap has created an odd conjuncture between the courts and commerce, with surrogacy businesses sprouting up around those jurisdictions that uphold surrogacy contracts.11 CONDITIONS PREVALENT IN INDIA The procedure to find surrogate in India is very cumbersome and very complicated. For instance the intended parents have to contact the Indian Surrogacy Law Centre for the purpose of getting an application regarding the surrogacy agreement that is required to be made. It is then centres job to scrutinize the application and see that all the requisitions are duly met. It is worth mentioning that usually this centre has very few egg donors in their database, especially if the parents require certain specifications to be met12. Thus the foreign couples generally consult the fertility clinics that broker the deals among the parties. It is these clinics which actually benefit from the whole deal. The intended parties shed money which is very nominal rather cheap in comparison to the countries they are citizens of. This leads to exploitation of surrogate women who in most cases belong to underprivileged section of the society. The conditions and circumstances in which the surrogate mothers are kept are also deplorable. One such study13 was done by Time World magazine which in its report analyzed the condition of the women who volunteered as surrogate. The study was done in one of the fertility clinics called Akanksha which is located in Anand in Gujarat. "We are lost when there are no laws," these were the words said by Akanksha medical director Dr. Nayna Patel. She asserts that the people drafting the bill are required to consider the value of these fertility agreements. Most of these clinics are located in areas where there can be easy accessibility of the volunteering surrogates. Describing the condition the report mentions that at least three
11

Debora l.Spar, For Love and Money: The Political Economy of Commercial Surrogacy, in Review of

International political Economy, Vol.12, No.2 (May, 2005), pp. 287-309 by Taylor and Francis Ltd. at www. Jstor.org/stable/25124020 last visited on 28th august, 2011.
12
13

Indian Surrogacy Law Centre, from http://indiansurrogacylaw.com/, last visited on 21st august,2011
Hillary Brenhouse , Indias Rent-a-Womb Industry Faces New Restrictions,reported on 5th June,2010 , cited

in www.time.com/time/world/article/0,8599,1993665,00.html#ixzz1 W3ZPu1AI.

women a day appear in the clinic hoping to hire out their wombs. There they are paired with infertile couples in accordance with the needs of the couples. These centres oversee the negotiations between the clients. The most disturbing factor as mentioned in the report is when the author describes the condition in which these females are kept, i.e. they are housed onsite once their pregnancy is established, in a dormitory, so that they can be supervised until delivery. This report shows the pathetic treatment given to surrogate mothers. They are treated like a commodity that can be kept in any place till it is to be used. But the new Assisted Reproductive Technology (Regulation) Bill seeks to regulate these centres and limit them to surgery only and for the purpose of surrogacy ART banks are now being formulated. This ideology has created a stir in medical community as their business would be affected. But it has also to be seen that people are freer to refer to these centres then actually go to any ART bank, one of the reasons being their accessibility. There has to be a mechanism that allows people to refer to these centres more freely. At one hand there is also law Commission 228th Report which points out various inadequacies in the law so being drafted. It is to be noted that Law Commission of India emphasizes on altruistic surrogacy instead of commercial surrogacy. One of the lacunae of the bill is that it fails to address the issue regarding adjudication of disputes arising out of surrogacy, ART and surrogacy agreements. The Bill herein so formulated neither creates, nor designates or authorizes any court or quasi-judicial forum for adjudication of these issues. There were various other issues also which were discussed in Law Commissions Report. These included issues regarding remedy available to biological parents to obtain exclusive legal rights of the surrogate children, wavering of rights of surrogate mother, whether a single or gay parent could be given custody of the a surrogate child. Also consideration was given to the cases in which the divorced couple could claim legal custody of the ward. It is to be mentioned that in such cases in absence of any productive law the existing laws14 of the land are applied. But the application of these laws would be futile as they would not be able to cover all aspects as are required to be addressed. MORAL, ETHICAL AND LEGAL ISSUES RELATING TO SURROGACY IN INDIA

14

Indian Contract Act,1872; Civil Procedure Code; and Guardians and Wards Act,1890.

The present needs regarding surrogacy legislations need to be discussed on moral, ethical and legal basis. Surrogacy is a knotty concept and the need of the hour is to resolve all such issues for the benefit of the society as whole. a. Moral and ethical issues: Surrogacy involves a large number of moral and ethical issues also. It is believed that surrogacy would increase the economic disparity between the upper and lower class. The upper class would involve rich commissioning parents who could pay substantially for the surrogate child and the lower class would consist of the poor surrogate mother who due to her meagre resources decides to rent her womb. This in other words can be called economic duress. It is also seen that many of surrogacy cases are filial in nature. Many studies have been done in Anand, the town which is notoriously famous for its surrogate arrangements, which show the pathetic condition of people and their poor economic standards which force these people to offer themselves as surrogates. It is required that the authorities see that the law should be made in such a way that there is minimum exploitation of the weaker section. It is argued by the opponents of surrogacy arrangements that these sorts of arrangements degrade women to a large extent. Surrogacy is widely rejected by many societies such as those of USA and Australia. It is felt that due to this process women transform their reproduction abilities into commercial values in the market. It is also seen that many surrogate mothers are discriminated against and face many problems in the society. It is also argued by some opponents of surrogacy that this procedure has led to commoditization of the foetus. It is seen as something that offends the dignity and the right of the child to be conceived, carried in the womb. It is also felt that introduction of a third party so intimately into the process of having children would disturb and weaken the very institution of family. It is argued by many sociologists that Surrogates perform "emotional labour" to suppress feelings that could interfere with doing their job....As science and global capitalism gallop forward; they kick up difficult questions about emotional attachment.15

15

The American Prospect, UC Berkeley sociologist Arlie Hochschild cited in Delivering a Baby: Commercial

Surrogacy in India by Marcy Darnovsky on October 29th 2009.

b. Legal issues The legal issues have already been mentioned as those referred to by the law commission but certain issues have still been left by the law commission and of course there is no legislation regarding the same. The legal issues pertaining to surrogacy deal; Firstly with the idea whether such contracts get protection of public policy and what would be appropriate damages that would be required to be paid in case there is breach of contract and would monetary damage be sufficient or specific performance would be required in such a case. Traditional contract law under section 10 permits parties to contract freely if the agreement between them is made by free consent and if the parties are competent to contract, it is made for a lawful consideration and with a lawful object, and is not expressly declared to be void. Therefore, if any surrogacy agreement satisfies these conditions, it is an enforceable contract. Thereafter, under section 9, CPC, a civil suit before a civil court for adjudication of all disputes relating to the surrogacy agreement and for a declaration/injunction as to the relief can be prayed for. As to whether such contracts are against public policy it is to be seen that public policy includes those principles designed to protect the welfare of the people. But this a very relative term and it depends upon courts to ascertain as to a particular thing is against public policy or not. Hence as Indian Courts in cases of Baby Manji and Jan Balaz have declared surrogacy as legal and enforceable therefore the question of public policy in eyes of judiciary does not arise. But it is now for the legislature to ascertain whether any such law is against public policy or not. It is also worth mentioning that no specific provisions have been made in case of breach of contracts or any monetary damage that needs to be paid. These are to be addressed via means of civil suit which would further involve another tiresome procedure. Secondly whether the payment of any such fee for surrogacy amounts to violation of child trafficking laws and the status of the fees paid, i.e. is it for services rendered or for the child. The surrogacy agreements invariably provide monetary compensation for a surrogate mother. The result can be seen via means of statistics which show that ART industry in India is now a 25,000 crore rupee pot of gold. But it is also to be considered that the Indian Constitution strictly prohibits human trafficking under Article 23 and the ticklish issue that crops up in such a case is whether a monetary compensation involved in surrogacy contract violates the

child trafficking statutes. The surrogates get compensated in regard with the services so rendered by them but the institutional role so played by the fertility clinics is definitely not justified. The institutions such infertility centres earn a profit for aiding the contracting parties i.e., commissioning parents and surrogate mother by facilitating medical and legal solutions on payment of fee. The role of institutions will definitely fall under the ambit the child trafficking statutes and as such call for a penal action against such institutions. But as mentioned the accessibility of these clinics to surrogates and intended parties also cannot be denied. It is imperative that instead of any penal action certain legislation be there which regulates them. Thirdly the issue comes in relation to recommendation to ban commercial surrogacy contracts and would this issue involve violation of rights of privacy or rights to procreate. Article 16(1) of the Universal Declaration of Human Rights considers that every individual has the right to marry and procreate. This has been further affirmed by various judiciaries also. For instance the Andhra Pradesh High Court upheld the right of reproductive autonomy of an individual as an aspect of his right to privacy and agreed with the decision of the US Supreme Court in Jack T.Skinner v. State of Oklahoma,16 which characterized the right to reproduce as one of the basic civil rights of man. Considering this view of judiciary the infertile couples also has right to have to family and for this purpose if they have to reconcile with procedure of surrogacy, it would not be not be unconstitutional.

c. Nationality of the child Lastly the issue is of the nationality of the child. After considering cases of Baby Manji and Jan Balaz v. Anand Municipality17 the courts held that in present framework there were no laws to govern the same and therefore they held that the babies born in India to the gestational surrogate are citizens of India nd therefore are entitled to Indian passports. Thus

16 17

316 US 535, cited from Law Commission 228th Report at 1.9. LPA 2151/2009, 17 November 2009 (High Court of Gujarat, India), cited from International Surrogacy

Arrangements: An urgent need for a Legal Regulation at International Level, http://www.abdn.ac.uk/law/surrogacy/about.shtml.

it can be seen that this aspect is certainly not regulated an it is required by the legislature to make amends in this case. CONCLUSION India is witnessing a spurt in cases of commercial surrogacy due to two factors: medical tourism boom fuelled by low medical costs and a class of people who could be exploited as they need to fulfil its financial needs. Commercial surrogacy as such is not against public policy but it is the fertility clinics that create a feeling of co modification as they broker such contracts and develop their profiteering businesses and thus could easily be penalized under article 23 of the constitution. It is also required that no gender based selection of foetus shall be done and certain recommendations by Law Commission shall also be adhered to. Outsourcing is a commonly used word these days. This is the process by which corporations outsource many of their functions and processes to cut costs and improve efficiency. India has now become a centre of blooming reproductive outsourcing which is becoming one of the most profiteering business in India. The series of judgments so given by the court and the guidelines so given by the Indain Council of Medical Research provide for an agreement between a surrogate mother and the couple desiring a child are grossly in adequate in providing a systematic way to carry forward such arrangements. Surrogacy is a worldwide phenomenon which is banned by some countries while some countries have legalized it. One such jurisdiction which has legalized this process is India which is mushrooming centre for all such activities due to its low cost of available medical amenities in comparison to the developed countries. There are large numbers of moral, ethical and legal issues that are involved in this process. In absence of any concrete legislation there are large numbers of lacunaes that remain unanswered. One such issue involved is that of fertile women who for all vague reasons would want to avoid pregnancy and would want to go for renting a womb. There is still a controversy among legislature and the Law Commission regarding the bill wherein the bill tries to promote commercial surrogacy while law commission deals with legalizing only altruistic surrogacy. It is required that government should come up with a substantive legislation so as to guide this phenomenon of surrogacy in a proper way.

BIBLIOGRAPHY ARTICLES & REPORTS

Ashwini Bansal and Sunanda Bharti, Health interests of Foetus and expectant mother: Visit abortion law and surrogacy, Journal of Constitutional and Parliamentary Studies, Vol.3,pp 157-171,2008.[This paper deals with all diverse issues in relation to pregnancy, health of women, abortions and surrogacy]

Debora L Spar, For Love and Money: The Political Economy of Commercial surrogacy, Review of International Political Economy, Vo.12,No.2 (May,2005),pp. 287-309, by Taylor and Francis Ltd at www.jstor.org/stable/25124020 last visited on 28th august,2011.[In this article the author has extensively discussed commercial surrogation and the impact of it on political economy of any country]

Guttmacher Institute ,American Fertility Societys Ethical Panel Examines Ethical Status of New Reproductive Technologies, Family planning Perspectives, Vol. 19 , No.1 (Jan-Feb,1987),pp. 24-26 available at http://www.jstor.org/stable/2135363.

Hugh V. McLachlan and J. Kim Swales,Commercial Surrogate Motherhood and The Alleged Commodification of Children: A defense of Legally Enforceable Contracts, Summer, vol. 72:91, pp 109-146.[This article favours commercial surrogate motherhood and says that it does not involve any commodification of children]

Imrana Qadeer and Mary E John, The Business and Ethics of Surrogacy, Economic and Political Weekly, Vol.2, pp.10-12,2009.[This article is a commentary that argues that there has been no public debate on the ethical, social and medical questions regarding surrogacy and it talks about the ART draft,2008 which is meant to regulate this new growing business.]

Irvi H.Thakkar, Is Surrogate Motherhood Moral?, Criminal Law Journal,pp 8893,2011.[This article extensively deals with surrogacy and its implications and its applications in law].

Law Commission of India, 228th report