As regards the apprehensions and actual incidents of the surrogate child getting illtreated, abused, sold, trafficked or exploited in any manner, it has been opined that to prevent such mishaps, the intending couple should be screened for their fitness to be parents, their socio-economic background, criminal records in past, family information, etc. Although, the chances of these occurrences would be minimal owing to the provision in the Surrogacy Act mandating that only couples with a medical condition necessitating surrogacy will be permitted by the appropriate authority to go ahead with the surrogacy procedure, all the same, certain precautions of this kind can further help in dealing with the problem. Some of the Court/other cases relating to violation of rights of children born through surrogacy may be worth looking into in the context of the subject of this article: • In Jan Balaz v.Union of India23, the court conferred Indian citizenship on twin babies fathered through compensated surrogacy by a German national. The court observed that: “We are primarily concerned with the rights of two newborn, innocent babies, much more than the rights of the biological parents, surrogate mother and the donor of the ova. Eventually, the Supreme Court of India intervened and the babies were provided exit permits. • A Japanese commissioning couple refused to accept their surrogate child born through an Indian surrogate mother due to divorce and break of their marriage. The surrogate mother was also not capable to accept the child. Court intervened24 and directed the custody of the child to the grandmother. • An Australian couple took home only one of the twins born to an Indian surrogate mother. National inquiry was initiated25 by the Family Court in Sydney. • In another incident26, the Indian authorities busted an alleged racket when a Malaysian man was arrested while smuggling live human embryos to an IVF clinic in Mumbai. They suspected the embryos were meant to be used for surrogacy through Indian women because Malaysia did not permit surrogacy. The impact on the rights of children born in the process is not beyond imagination. All these and other such cases give insight into the scenario that existed prior to the Surrogacy (Regulation) Act, 2021.They were, in fact, instrumental in the initiation of the formulation of the law on the subject and highlighting the need for safeguarding the rights of children born out of surrogacy. It was also observed that most of the Jan Balaz v. Anand Municipality[AIR 2010 Guj. 21] Baby Manji Yamada v. Union of India[2008 13 SCC 518] 25 An Australian couple case link:https://timesofindia.indiatimes.com/india/aussie-couple-abandonedsurrogate-baby-in-india/articleshow/44766805.cms 26 Smuggling embryos incident: https://timesofindia.indiatimes.com/city/mumbai/flyer-from-malaysiaheld-for-trying-to-smuggle-in-embryo/articleshow/68473046.cms 23 24 78 Journal of the National Human Rights Commission, Vol. 22, 2023