process is the child born out of this arrangement and this child is the most vulnerable,
most impacted and cannot have any say. It, therefore, becomes imperative to secure
the rights of this child comprehensively. Surrogacy, as a means of reproduction may be
on the rise at varying degrees in different countries, but how this practice is moulded
to suit the best interests of the children born in the process, depends on the people
and authorities handling surrogacy. India has taken a big leap by enacting the relevant
regulatory laws. However, the implementation challenges need to be overcome to
avert any violation of rights of even a single surrogate child.
8. Conclusion
Issues of human rights, particularly of children, already intricate, get further
complicated in cases of children born through surrogacy arrangements. Such issues
relating to the welfare and well-being of children born out of surrogacy, have been
attempted to be dealt with by the ART(Regulation) Act, 2021 and the Surrogacy
(Regulation) Act, 2021 which were recently enacted after extensive deliberation and
consultation across various stakeholders. This achievement has brought respect to the
country internationally. Nevertheless, the need of the hour is to maintain eternal vigil
to guard against the miscreants to protect the rights of children born through surrogacy.
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Journal of the National Human Rights Commission, Vol. 22, 2023