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[1] Surrogacy arrangement will continue to be governed by contract amongst parti es, which will contain all the

terms requiring consent of surrogate mother to be ar child, agreement of her husband and other family members for the same, medica l procedures of artificial insemination, reimbursement of all reasonable expense s for carrying child to full term, willingness to hand over the child born to th e commissioning parent(s), etc. But such an arrangement should not be for commer cial purposes. [2] A surrogacy arrangement should provide for financial support for surrogate c hild in the event of death of the commissioning couple or individual before deli very of the child, or divorce between the intended parents and subsequent willin gness of none to take delivery of the child. [3] A surrogacy contract should necessarily take care of life insurance cover fo r surrogate mother. [4] One of the intended parents should be a donor as well, because the bond of l ove and affection with a child primarily emanates from biological relationship. Also, the chances of various kinds of child-abuse, which have been noticed in ca ses of adoptions, will be reduced. In case the intended parent is single, he or she should be a donor to be able to have a surrogate child. Otherwise, adoption is the way to have a child which is resorted to if biological (natural) parents and adoptive parents are different. [5] Legislation itself should recognize a surrogate child to be the legitimate c hild of the commissioning parent(s) without there being any need for adoption or even declaration of guardian. [6] The birth certificate of the surrogate child should contain the name(s) of t he commissioning parent(s) only. [7] Right to privacy of donor as well as surrogate mother should be protected. [8] Sex-selective surrogacy should be prohibited. [9] Cases of abortions should be governed by the Medical Termination of Pregnanc y Act 1971 only. The Report has come largely in support of the Surrogacy in India, but it is lack ing the legal hold on many aspects such as strengthening laws regarding commerci alizing surrogacy. India currently is in heavy need of laws which can regulate a nd can have a check on this activity in India because in India it is now increas ing as a industry and here many clinics are providing these services to foreign couples who don t want to compromise their carrier and they find it more easy to giv e their eggs and sperms and which is then fused clinically and then planted in t he womb of the women ready to give her womb on rent ,and Indian clinics are acti ng like agents and in order to provide such services they charge good amount fro m foreigners, in India surrogacy is very easy where you contact any clinic and t hey will then take your case and they will provide you a woman ready to give bir th to a baby for them and most of such women are from poor background and they u sually indulge into this business for earning money because mostly they are illi terate and they find it a easy way to earn more. But it is a exploitation of wom en because mostly they are forced by their families to do so and due to their ig norance of medical complications they readily approve to surrogate. In India Ana nd District of Gujarat is a big hub of surrogacy. In India surrogacy is increasi ng like industry because due to lack of laws and poor law enforcing agencies. Case decided by Gujarat high court regarding surrogacy-In a landmark judgment in a case which had no precedents in the country, the Gujarat State High Court in India conferred Indian citizenship on two twin babies fathered through compensat

ed surrogacy by a German national in Anand district. Raising a lot of questions related to surrogacy, the bench observed, We are primarily concerned with the right s of two newborn, innocent babies, much more than the rights of the biological p arents, surrogate mother, or the donor of the ova. Emotional and legal relations hip of the babies with the surrogate mother and the donor of the ova is also of vital importance. After considering the case laws related to surrogacy of countries like Ukraine, Japan and the USA, the court decided the case at hand by inclinin g to recognize the surrogate mother as the natural mother of the children. And s ince the woman is Indian, the children were granted Indian citizenship and passp orts under the legal provisions[3].However as India does not allow full fledged dual citizenship[4], the children will have to convert to Overseas Citizenship o f India[5] if they are also going to be taking foreign citizenship of their biol ogical parent's country. So far no case has been come before court regarding sur rogacy. In 2008, the Supreme Court of India in the Manji's case[6] (Japanese Baby) has h eld that commercial surrogacy is permitted in India. That has again increased th e international confidence in going in for surrogacy in India. Conclusion-There is concern if this practice keeps growing the way it is, it cou ld change from a medical necessity for infertile women to a convenience for the rich with specially the wealthy couples of the West choosing commercial surrogac y over a natural childbirth because of the pain and stress of natural childbirth causing the whole industry to be farmed out. Some bioethicists are concerned th at Indian surrogates are being badly paid for their surrogacy and that they are working as surrogates in a country with a comparatively high maternal death rate [7]. However high maternal death rate is found in the poorest of the poor sectio n of the population in India who may not get access to proper medical facilities in time or from amongst many who opt not to access them because of superstition and illiteracy. And mostly women from poor background do this work.

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