TOPIC:- Human Rights issues involved in Surrogacy

Arrangements.

INTRODUCTION

Human rights are universal and binding and are codified in a body of international law.
Respecting human rights is required of both governments and companies alike, although
governments have additional obligations to protect and fulfil human rights. There is an entire
system of regional, international, and domestic institutions and organizations that provide well
developed frameworks for remedy and articulate the application of human rights law to
changing circumstances, including technological developments. And in cases where domestic
law is lacking, the moral legitimacy of human rights carries significant normative power.
Violating human rights carries global reputational and political costs and naming and shaming
human rights violators is often an effective tool. Surrogacy as a reproductive practice is on the
rise. It refers to a form of third party reproductive practice in which intending parent(s) contract
a surrogate mother to give birth to a child. While modern practices of surrogacy offer new
reproductive opportunities, they also introduce new legal and ethical dilemmas. Furthermore,
the international regulatory vacuum that exists in relation to international surrogacy
arrangements leaves children born through this method vulnerable to breaches of their rights,
and the practice may often amount to the sale of children. With a growing industry driven by
demand, surrogacy is an area of concern for the rights and protection of the child. Currently,
there are no international regulations or guidelines regarding global surrogacy arrangements,
and in some countries where the practice is prevalent, i.e., India, there is limited national
regulation or oversight. Global surrogacy is a complex issue that includes questions related to
morality, parentage, the natural mother–infant bond, and the complexities of inequalities in a
globalized world that interface with a multi-million dollar industry. The purpose of the paper
is to present global surrogacy dynamics written in a manner to help the reader understand this
complex phenomenon, including a discussion of the associated problems and ethical dilemmas.
OBJECTIVES

• To know about the human rights violation in commercial surrogacy.

. To understand about the problem of conflict of law in global surrogacy arrangement.

• To analyse the effect made by UN Conventions on Surrogacy.

• To suggest how to overcome the human right violation made by surrogacy arrangement.

HYPOTHESIS

Surrogacy is the gift of technological advancement but The number of global surrogacy
arrangements increased exponentially over the last decade, and the rise in the practice has led
to concerns over issues such as social justice, exploitation, and human rights abuses.

RESEARCH QUESTIONS

1. Can international human rights be enough for the protection of child born out of
surrogacy?
2. How the fourth-generation human right violated in surrogacy arrangement?

MODE OF CITATION

The researcher will follow the ILI citation style, in the research work.