to acquisition of children from the baby bazaar without there being a genuine need for initiating surrogacy arrangement. Commodification of children born through surrogacy will be detrimental to the best interest of these children. (vi) Foreigners cannot avail surrogacy services in India. Only the Overseas Citizens of India (OCI)card holders can avail after following the due process provided the child/ren born through surrogacy would be accepted in their respective countries of residence as per the laws prevalent there. This is to ensure that these children are not abandoned due to citizenship issues and their right to an identity, nationality and family is not denied to them. India has witnessed abandonment of surrogate children in the past specially through the court cases emanating from the related issues. (vii) Section 4(ii)(d) specifically states that surrogacy procedures shall be conducted ‘when it is not for producing children for sale, prostitution or any other form of exploitation’. (viii)The intending couple or the intending woman have to secure a ‘parental order’13 from the court of the Magistrate and the said order shall be the birth affidavit after the surrogate child is born. This step will prevent backing out by intending parent(s) and thus, ensure that the child gets the biological family. In this context, it is pertinent to refer to Articles 7 and8of UNCRC,14which imply that children must be registered when they are born and given a name which is officially recognised by the Government. Children have the right to their own identity, their name, nationality and family relations and children should know their parents and be looked after by them. The Indian law has gone a step further adopting an a-priori15approach by mandating ‘a parental order’ prior to even commissioning of any surrogacy procedure. (ix) The Act also specifies that a surrogate child would not be genetically related to the surrogate mother {Section 4(ii)(a) of The Surrogacy Act}.Further to this, the Surrogacy (Regulation) Amendment Rules, 202316 state that: Section 4(iii)(a)(II) of the Surrogacy Act. UN Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and this was widely ratified eventually. Articles 7 and8 in this are: • Article 7 — The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents. • Article 8 — States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference. 15 Adopting an ‘a-priori’ approach is ‘determining beforehand’. 16 Department of Health Research, Ministry of Health and Family Welfare, GOI, notified [G.S.R. 460(E)] the Surrogacy (Regulation)Rules, 2022 on 21 June 2022 in exercise of the powers conferred by Section 50 of the Surrogacy(Regulation). Act, 2021 (47 of 2021). ‘Surrogacy (Regulation) Amendment Rules, 2023’ refer to the subsequent amendment{G.S.R.179(E) dated 14 March 2023} to these rules. 13 14 70 Journal of the National Human Rights Commission, Vol. 22, 2023