Laws and Policies on Surrogacy: Comparative Insights from India

CHAPTER I: Introduction
An Overview of Assisted Reproductive Technology (ART) Assisted Reproductive Technology Procedures

- In Vitro Fertilization Embryo Transfer (IVF-ET)

- Gamete Intra Fallopian Transfer (GIFT)

- Zygote Intra Fallopian Transfer (ZIFT)

- Intra Cytoplasmic Sperm Injection (ICSI)

- Artificial Insemination (AI)

- Legal Issues Involved

Surrogacy

Surrogacy Practice-Regulation-Issues

CHAPTER II: Issues and Complexities Surrounding Surrogacy

Surrogacy & its Evolution Legal Issues

- Perplexed Motherhood - (i) Intent Based Theory (ii) Genetic Contribution Theory (iii) Gestational Mother Preference theory (iv) The Best Interest of the Child Theory

- Legitimacy of the surrogate Child

- Rights of the surrogate Child

- Validity of a Surrogacy Contract

Moral and Ethical Issues

- Does Surrogacy Undermine the Institution of Marriage and Family Life?

- Surrogacy as a Tool of Exploitation.

- Surrogacy Vs. Prostitution

- Surrogacy and Right to Privacy.

- Does Surrogacy overshadow Adoption?

- Surrogacy and Bias against Child.

- Surrogacy and Man Playing God.

CHAPTER III: Surrogacy: National and International Perspectives

Reproductive Tourism in India Regulation and Enforceability

- Constitutional Protection

- The Indian Contract Act, 1872

The Indian Council of Medical Research, The National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India (2005)

- Who Can be a Surrogate and Who Can Opt for Surrogacy (ii) Legal Parenthood and Nationality (iii) Consideration

The Law Commission of India 228th Report on "Need for Legislation to Regulate Assisted Reproductive Technology Clinics As Well As Rights and Obligations of Parties to a Surrogacy"(2009) . The Assisted Reproductive Technology (Regulation) Bill, 2010 and 2014

- Features of Draft ART Bill, 2010 and 2014

- Who Can be a Surrogate and Who can Opt for Surrogacy

- Prohibition of Sex Selection (iii) Enforceability of surrogacy arrangements

- (iv) Payment in surrogacy (v) Legal Pare