Law Commission in its 228th reported quoted that, “Surrogacy

arrangement will continue to be governed by contract amongst parties,

which will contain all the terms requiring consent of surrogate mother
to bear child, agreement of her husband and other family members for
the same, medical procedures of artificial insemination,
reimbursement of all reasonable expenses for carrying child to full
term, willingness to hand over the child born to the commissioning
parent(s), etc. But such an arrangement should not be for commercial
purposes.”

Even in the absence of statutory frame work, surrogacy in India is not

illegal, thus the country becoming a favourite destination for
international destitutes of children. Before referring to the specifics, it
is appropriate to appreciate the essential terminology employed in this
field. Going by the glossary provided in ‘Baby Makers’ (Harper
Collins), Gestational Surrogacy (GS) is a treatment
process in which another woman, known as the gestational surrogate,
undergoes the embryo transfer process and then carries the
pregnancy to term. GS may be achieved with the intending mother’s
eggs or with eggs from a donor. Artificial Insemination Surrogacy (AIS)
occurs when a surrogate mother becomes pregnant after being
inseminated with sperm. After the birth, the surrogate mother
relinquishes all parental rights and the child is given to the person(s)
whose baby she carried. The Assisted Reproductive Technology
(ART) comprises a group of therapies that manipulates the egg and/or
sperm and/or early conception in order to establish a sustainable
pregnancy. These procedures all stem from the basic IVF process.