reported cases were involving international surrogacy arrangements(ISAs) leading to banning foreigners from surrogacy in India in 2015 vide an order from the Ministry of Home Affairs(MHA) and retaining a similar position in the Surrogacy (Regulation) Act, 2021.While analysing the domestic scene is very important, it would be relevant to delve into the international scenario as well in respect of the rights of children born out of surrogacy. 7. International Scenario The issue pertaining to the rights of children born through surrogacy is complex and evolving on the international canvas. Uncertainties have arisen as a result of changing family patterns and advances in reproductive medical science. Different countries have varied legal frameworks, policies and cultural perspectives regarding surrogacy and the rights of children born through it. Difficulties have arisen because these frameworks have not been globally uniform and there is increased frequency of families crossing borders in an era of globalisation. Quoting from UNICEF’s note on ‘Child Rights and Surrogacy’— ‘Surrogacy, especially through international arrangements, is increasingly used as a method of family formation around the world. Although there are no precise global figures on how many children have been born through surrogacy, the development of Assisted Reproductive Techniques (ART), changes in social norms and the trend for having children later are leading to more children being born through surrogacy’. Moreover, it has become well known that surrogacy is a global business and the business interests often over-ride the rights of persons affected by it including those of surrogate children and more so when they are vulnerable and at risk. Besides, the variation in the laws governing the rights of surrogate children born in different countries, there are differences in the basic types of surrogacies supported. For example, there are countries supporting altruistic surrogacy like UK,Denmark, Netherlands, some states in USA, Australia, Brazil, Belgium, etc. Russia supports commercial surrogacy and others in this race are Iran and Georgia. Then, there are many countries which have banned surrogacy totally including Austria, France, Norway, Pakistan, Japan, China, Italy, Spain, Switzerland, certain States of USA, etc. Thailand banned surrogacy, making it a criminal offence when a child with downs syndrome was left behind with an unmarried surrogate mother. India has avoided the extreme stands and adopted a middle path by facilitating surrogacy but in a regulated way. The ‘Rajya Sabha Select Committee report on Surrogacy’ mentions that ‘law must keep pace with the emerging/developing technologies so that Journal of the National Human Rights Commission, Vol. 22, 2023 79

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