extensive interest in the topic in various international fora and how it has not
been possible to reach a consensus in spite of a dire felt need for protection of
rights of children born from surrogacy.
Keywords: Safeguards, Child rights, Surrogacy, International surrogacy
arrangements, Laws
1. Introduction
‘Safeguards for the Protection of the Rights of Children Born from Surrogacy
Arrangements’— The title itself indicates that these children’s rights need to be
protected. Surrogacy and stages of embryo development are mentioned even in
ancient Indian scriptures. Bhagavat Purana talks about an embryo getting transferred
from Devaki’s womb to save the child from Kansa. However, the rights of children
born through surrogacy during those times did not presumably have any threats as are
experienced in the present times.The current scenario is very complex with difficulties
in adoption procedures, cases of child trafficking and prostitution, establishment/
commercialisation of surrogacy procedures, the creeping in of illegal and unethical
malpractices in Assisted Reproductive Technology (ART) and the availability of
surrogates from the poor strata of society.
The need for focussing on the safeguards for the protection of the rights of children
born from surrogacy arrangements and related issues has arisen due to the fact that the
last quarter of the 20th century was witness to several major advances in reproductive
medicine and technology, starting with the birth of the world’s first test tube baby,
Louise Brown, resulting from the In-vitro fertilisation (IVF) on 25 July 1978 and the
first Indian test tube baby, Kanupriya Agarwal, born on 3 October 1978.
The number of children born through this method grew, based on these medical
advances, as IVF soon became a routine procedure and widely accepted treatment for
infertility, though methods and morals continue to be debated upon. Parallelly, and
more so during the last two decades, India became one of the major global centres
of IVF with reproductive medical tourism becoming a significant activity. Along the
way, further research and development led to newer advancements with respect of
ART based surrogacy and this, in turn, led to the boom in the availability and usage of
surrogacy services in India.
2. The Concept of Surrogacy
The rights of children born from surrogacy can be better appreciated after delineating
on the concept of surrogacy, and what it entails. Surrogacy is a kind of ART involving
a third person. It is an arrangement, where a woman (the surrogate) agrees to carry the
baby through pregnancy, achieved through ART, with an intention to carry it to the
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Journal of the National Human Rights Commission, Vol. 22, 2023