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3 Student Advoc. 60 (1991)
Hindu Adoptions and Maintenance Act, 1956 and Surrogacy, The

handle is hein.journals/nlsind3 and id is 62 raw text is: The Hindu Adoptions And Maintenance Act, 1956
and Surrogacy
R. Latha*
Wanted healthy, good looking lady below 30 years to deliver baby tirough
Artificial Insemination for a highly respectable couple complete medical care and
security assured. Reward Rs. 50,000/- and other expenses. write to... This piece is
taken from the classified advertisement's column of a Women's Magazine in India.1
It-is herein opportune for us to think of the repercussions of such a device in India.
The object of this study is to examine whether the existing legislations on adoption
in India are adequate to protect the interests of the child as well as the parties
involved. At this juncture, a brief description of Artificial Insemination (AI) and
surrogate motherhood would be appropriate.
Artificial Insemination (A)
Artificial Inseminatioii means depositing semen in the vagina of a woman
through artificial means for bringing about pregnancy where the woman is
otherwise healthy, but is unable to reproduce.2 There are two types of AI:
1. Artificial Insemination Homologous (AIH) where semen is from the husband
of the woman; and,
2. Artificial Insemination Heterologous or Donor (AID) where the semen is
from some other unrelated donor. (Here the donor is unknown to the
couple).
Surrogate Motherhood
Here, a woman is hired to mother a child. Once the child is born it is handed
over to the couple. The woman who is hired, is inseminated with husband's sperm.
So a surrogate parenting arrangement is an agreement in which a surrogate
agrees, for a fee, to be impregnated through AI to carry the child to term and after
birth to deliver the new born baby to the biological father and to surrender all
II yr. B.A. LL.B. (Hons.), NLSIU
1 Womens' Era Jan. (Second) 1991. Vol. 18, Issue No. 411.
2 Modi, Modes TextBook of Medical Jurisprudence and Toxicology, 21 st. Edn., 1988, N. M. Tripathi,
Bombay, p. 349.

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