‘1(d)(I)Couple undergoing surrogacy must have both gametes from the intending couple and donor gamete is not allowed. (II) Single woman (widow/divorcee) undergoing surrogacy must use self-eggs and donor sperm’ The above provisions attempt to remove any complexities related to legal parentage of children born through surrogacy arrangements. In this context, I would like to refer to Rajya Sabha’s Select Committee Report on “The Surrogacy (Regulation) Bill, 2019” that states in its preface that: “Legal issues relating to surrogacy get manifested in a number of court cases— the prominent being the Baby Mcase in USA, Jaycee B. v. Superior Court, Baby Manji Yamada v. Union of India, Israeli gay couple’s case, etc., which were widely debated in the media. Baby Jaycee case is a classic example of legal complexities involved in the surrogacy procedure. The custody of the child was sought by five parents — genetic mother, the commissioning mother, the surrogate mother, the commissioning father and the genetic father.” In the past, the 228th Report of the Law Commission of India also stated that —‘the bond of love and affection with a child primarily emanates from biological relationship. Also, the chances of various kinds of child-abuse, which have been noticed in cases of adoptions, will be reduced.’ (x) Section 4(iii)(b)(I) of The Surrogacy Act also specifies the age limits for the surrogate mother (25 to 35) years and the intending couple (23-50 years for female and 26-55 years for the male as per Section 4(iii)(c)(I) of The Surrogacy Act).These age limits have been prescribed in the interest of the health of the child as 25 to 35 years is considered to be the most suitable period for reproduction and the instances of abnormalities in the child increase if the birth mother’s age is beyond 35 years. Moreover, in the absence of age bracket for the surrogates, young girls in their teens, who would themselves fall into the category of children, going by the accepted definition of a child17, were reportedly being forced into egg donation and surrogacy. Additionally and significantly, the age of the intending parents has been prescribed keeping in view the life expectancy in the country, reproductive physiology, and deterioration of the quality of gametes with advancing age, risking genetic defects in a child. The child’s right to be born healthy and to be reared appropriately gets UN Convention on the Rights of the Child, while adopting the General Assembly resolution 44/25 of 20 November 1989, had defined ‘child’ under Article 1 as: Article 1 — For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. This has been the accepted definition of a child world over. 17 Journal of the National Human Rights Commission, Vol. 22, 2023 71

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