Legality And Enforceability of Surrogacy Contracts: Challenges to Face

Abstract

Surrogacy is a procedure in which intended parents enlist the assistance of a surrogate woman to conceive a child in exchange for the surrogate woman agreeing to carry the child to term, relinquish her parental rights to the child after birth, and pass the child over to the intended parents. A surrogacy agreement between an intended parent or parents and the surrogate mother requires both parties to be aware of their respective rights and responsibilities. The surrogacy contract typically outlines the rights and responsibilities of the surrogate mothers and intended parents, as well as clauses pertaining to the child's welfare, such as custody, parentage, and so on. The legitimacy and enforceability of such a surrogacy contract, however, is questionable because every surrogacy contract raises a number of legal and human rights issues, such as whether the contract is a form of prostitution, slavery, or commodification of motherhood. Commercial surrogacy is frequently criticised as a form of baby selling that promotes positive eugenics. Surrogacy contracts may raise questions about the appropriate remedies in the event of a breach. Different approaches to the validity and enforceability of surrogacy contracts have emerged as a result of this diversity. The authors discuss the legality of surrogacy contracts and how they can be enforced in accordance with Human Dignity.