Legal Rights of a Surrogacy Child | FindYourAdvocate

 

Introduction 

 Children are the world's most precious resource and the best hope for the future. Human life is the culmination of two individuals coming together to produce another. We, humans, are mortal beings who therefore cease to exist in the world at some point. Therefore, we strive to ensure our presence in this man-made world by raising a child and preparing them to care for us in old age. A child is seen as the path of security, financial, physical, and emotional dependence, and the path of science and technology. With the advent of science and technology, nothing is more impossible today than that even children can be produced with science than with the traditional process of biology, that is, through surrogacy. Surrogacy refers to the circumstance under which a woman agrees to bear the child and give birth to a partner who is unable to reproduce a child. The Black Law Dictionary classifies surrogacy as pregnant and traditional. where the woman delivers the fertilized egg and other women give birth to the child, the latter being the process by which the women who give the fertilized egg and the birth of the child are one and the same. Contrary to popular belief, this surrogacy  is a relatively old concept and has been around since the 18th century. According to Hammurabi, the Babylonian Period Code lists the particular directions regarding surrogacy, its process, mechanism, and the rights of the surrogate mother and the woman who gives birth to the child, to the cases of surrogacy prevalent in the Kingdom of Hastinapur, i.e. The Birth of One Hundred Children Born by In Vitro Fertilization the Universal Declaration of Human Rights of 1968 and the International Covenant on Civil and Political Rights of 1966 recognized that everyone, regardless of social status, has the basic human right, one to have a family. it is an inherent and universal right available to all; In addition, these declarations oblige the state to provide protection and support in founding families in society. In India, the Honorable Court has ruled that everyone enjoys and is given the right to reproductive autonomy, procreation and family membership, as guaranteed in Article 21 of the Constitution of India. However, the existence of surrogacy is not a gray area, but the commercialization of the process that has led members of society around the world to ask serious moral, ethical, and socio-legal questions such as a person's rights. A child born through surrogacy.  

 

Rights of the surrogacy child 

 

 The assisted reproductive technology bill of 2010 establishes the surrogacy agreement as a contract between a person using assisted reproductive technology and a surrogate mother to have a child. The law implies that the transfer is a well-defined contract that sets out and lists the rights, duties, and obligations of the parties involved. The law is well established regarding the rights of the parents to whom the child is being handed over, as well as the surrogate mother. The most important part of the contract, however, is the child himself, whose rights have either been vaguely defined in various reports by the Legal Commission or are silent in certain situations. Law Commission Reports 288 and 289 collectively set out the substitute child's limited rights. First of all, in terms of citizenship. Foreign nationals or foreign partners are not recognized as an Indian child. Second, all rights attached to the child for which the surrogacy was born are transferred to the surrogate mother's partner at the time of the child's birth. The surrogate mother is required by law to do so, so the birth certificate is registered in the name of the parents or the person receiving the surrogate child. The child is their legitimate child whether or not the couple divorces before the birth of the children. Third, custody of the child is transferred to the local guardian if the foreign party that has entered into a surrogacy agreement does not accept the surrogate child so that the local guardian has the right and authority to place the child substitute. In addition, as long as the child is not claimed by the legal guardian within one month of the child's birth. The Assisted Reproductive Technologies Act 2010 contains certain additional rights of the surrogate child. Firstly, pursuant to Section 62 (1) of the 2010 Act, the surrogate child has the right to receive and to be informed of something other than the personal identification of the birth mother or surrogate mother upon reaching the age of majority.