briefing note on ‘Key considerations: Children’s Rights and Surrogacy’ of February 2022, ‘children born through surrogacy have the same rights as all children under UNCRC.6Regardless of individual State positions on surrogacy, all States have a duty to protect the human rights of all children born through surrogacy without discrimination, including ensuring appropriate legal and regulatory frameworks existing at the national level to protect and promote their rights.’ India being the hub of surrogacy services, faced the impact of ISAs. 4. Evolution of Safeguards of Rights of Children Born from Surrogacy and Related Laws Prior to the Surrogacy (Regulation) Act, 2021 and the Ministry of Home Affairs (MHA) Order7 of 2015, India grew into a hub for surrogacy servicesand the scenario remained largely unregulated. The situation abroad became an additional factor in the growth of this practice in the country. This led to a number of cases of abandonment of children, unsure parentage, denial of citizenship and custody to/of children born through surrogacy. Commercial surrogacy was rampant in the absence of any regulation in this field. The problems, with respect to rights of children born through surrogacy, surfaced, inter-alia, with certain cases in the Supreme Court and media reports. The Law Commission, in its 228th Report8 in 2009, emphasised on protection of all rights for any child born through surrogacy among other issues relating to surrogate mothers, etc. Further, the need to regulate unethical practices in surrogacy had been raised a number of times in the Parliament. The present day safeguards for protection of rights of children born through surrogacy arrangements, have evolved through a number of intense consultations between the Government of India (GOI) and various stakeholders over the last decade. The Department of Health Research (DHR), Ministry of Health and Family Welfare (MOHFW), Government of India, the nodal department for ART/Surrogacy, introduced the Surrogacy (Regulation) Bill in 2016 and this was exhaustively deliberated upon by the Group of Ministers (GOM)9 headed by Smt. Sushma Swaraj(the former External Affairs Minister) and Parliamentary Standing Committee during the 16th Lok Sabha. especially,to%20not%20be%20sold%20%5Bthe 6 UNCRC— United Nations Convention on the Rights of the Child adopted on 20 November 1989 by the General Assembly resolution 44/25 7 Ministry of Home Affairs, Government of India, banned all foreigners from commissioning surrogacy in India vide an order no. 25022/74/2011-F.1(Vol.III) dated 3 November 2015. 8 Law Commission of India’s Report No. 228dated 5 August2009, on the subject — ‘Need for Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties toa Surrogacy’. 9 Group of Ministers (GOM) headed by Smt. Sushma Swaraj (the former EAM) considered the draft Surrogacy Bill, 2016, aiming at regulating commissioning of surrogacy in the country in a proper manner and had referred it to the Union Cabinet for a final call. 68 Journal of the National Human Rights Commission, Vol. 22, 2023