Surrogacy Contract: Issues and Challenges

Published date01 April 2023
AuthorPurnima Gupta,Disha Moitra
Date01 April 2023
Subject MatterOriginal Articles
Surrogacy Contract:
Issues and Challenges
Purnima Gupta1 and Disha Moitra2
The recent addition of the laws relating to surrogacy in India has widened the
scope of this practice and opened the gates for discussions as to the contractual
obligations of the parties. This article talks about how the laws relating to sur-
rogacy evolved in India after independence. It also emphasizes the rights of the
parties as mentioned in the Surrogacy Regulation Bill, 2020. Further, it focuses on
the surrogacy contracts and the issues and challenges with the same taking into
consideration the breach of surrogacy contract.
Family law, human rights, women and criminal justice, women and health
The increasing rate of infertility in the world because of mental and psy-
chological stress establishes a need for various reproductive methods known as
assisted reproductive techniques (ART). Surrogacy is one such method which
helps childless parents.
Surrogacy can be defined as the procedure in which a surrogate mother gives
birth to a child and then hands over that newborn to the couple who is unable to
conceive. IVF, that is, in vitro fertilization (IVF), as a technique is used in the
process of surrogacy. There are some basic terms relating to surrogacy which
would help in understanding the concept more clearly. These are discussed as
Original Article
Journal of Victimology
and Victim Justice
6(1) 81–89, 2023
2023 National Law
University Delhi
Article reuse guidelines:
DOI: 10.1177/25166069221134957
1 Department of Law, Maharaja Agrasen Institute of Management Studies, New Delhi, Delhi, India
2 Amity University, Noida, Uttar Pradesh, India
Corresponding author:
Purnima Gupta, Department of Law, Maharaja Agrasen Institute of Management Studies, New Delhi,
Delhi, India.

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