their positive benefits could be availed by those in need’.The Surrogacy (Regulation)
Act, 2021, of India is a step in that direction which allows altruistic surrogacy in a
regulated way and at the same time ensures protection of rights of the children born
out of surrogacy.
The Constitution of India had a deep foresight and, therefore, spelt out children's
rights in a way that they have withstood the test of time and remain relevant in current
times. Right to equality (Article 14), Right against discrimination (Article 15), Right
to personal liberty and due process of law (Article 21), Right to being protected from
being trafficked and forced into bonded labour (Article 23), etc. hold very relevant
in the context of children born from surrogacy. Besides this,children born through
surrogacy have the same rights as are enshrined to all children under the United
Nations Convention on the Rights of Child (UNCRC).All States/countries, therefore,
have a duty to protect the human rights of all children born through surrogacy without
any discrimination regardless of individual State positions on surrogacy.
International cooperation and dialogue, thus,become a must to resolve this complex
issue and look into the best interests of the child. Efforts are on at multi-lateral, bilateral
and at the level of international organisations. Some of the important ones include:
(i) The United Nations Convention on the Rights of the Child (UNCRC) is a widely
ratified international treaty that recognises the rights of children. While it does not
specifically address surrogacy, it encompasses principles on the best interests of
the child, identity and protection from exploitation, which are relevant to the rights
of children born through surrogacy. These rights are often invoked to highlight the
importance of safeguarding them in various contexts including surrogacy.
(ii) The Permanent Bureau of the Hague Conference on Private International Law
(HCCH)27 has been involved in studying the private international law issues being
encountered in relation to legal parentage of children and more specifically in
relation to ISAs and exploring the development of an international convention/
instrument/protocol in this regard.
(iii) In 2013, International Social Service (ISS) called for urgent international
regulation of ISAs as they affect the children concerned. In 2016, it launched an
initiative to draw up a set of principles that could be agreed on globally to guide
policy and legislation. Continued work on these principles was supported by UN
Special Rapporteur on the Sale and Sexual Exploitation of children in 2018 and
recommended them to be in accordance with human rights norms. The ‘Principles
for the protection of the rights of the child born through surrogacy (Verona
Principles)’ were thus drafted by independent experts with an aim to identify
The Permanent Bureau of the Hague Conference on Private International Law (HCCH) has been
involved in studying the private international law issues being encountered in relation to legal parentage
of children and more specifically in relation to ISAs and exploring the development of an international
convention/instrument/protocol in this regard.
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Journal of the National Human Rights Commission, Vol. 22, 2023