About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 Indian J.L. & Pub. Pol'y 26 (2014-2015)
Legal Glitches Facing Surrogacy Agreement in India

handle is hein.journals/ijlpp1 and id is 158 raw text is: LEGAL GLITCHES FACING SURROGACY AGREEMENT IN INDIA *SONALI KUSUM LEGALIZATION OF COMMERCIAL SURROGACY & SURROGACY AGREEMENT - JUDICIAL & STATUTORY DEVELOPMENTS: The Supreme Court of India formally legalized commercial surrogacy in the landmark case Baby Manaji Yamanda v. Union of India.' In this case the Court defined commercial surrogacy as a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and the related aspects as surrogacy agreement, the stakeholders or parties who may enter, and directed for enactment of a statutory law on the same. The supreme court admitted not only the void in law but also the irregularities taking place in the absence of law by calling surrogacy as money making racket. In this case of Baby Manji, a surrogacy agreement was entered into between the biological father and biological mother on one side and the surrogate mother on the other side. But subsequently in this case there were issues raised on the legality of the surrogacy agreement but the court allowed the same. In another case Jan Balaz v. Anand Municipality and Ors.2, it may be significant to note that that surrogacy agreement was entered in the name of intending father and the second respondent, surrogate mother whose name is mentioned as the wife of intending father which led to vexatious legal issues in the issue of birth certificate for the surrogate child. However the common truth in *Ph.D. Research Scholar, National Law School of India University, Bangalore; B.A.LL.B. (Hons.); LL.M., P.G. Dip. Social Work. 1 (2008) 13 SCC 518. 2 AIR 2010 Guj 21.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most