Altruistic Surrogacy Contracts: Legal Analysis of the Surrogacy (Regulation) Bill, 2019 and its Legal Implications

Abstract

In India, the most recent development in the field of surrogacy is the passing of the Surrogacy (Regulation) Bill, 2019 by the Lok Shaba in August, 2019, which is yet to be passed in the Rajya Sabha. This Bill bans commercial surrogacy and only legalizes surrogacy that is altruistic in nature. This leads us to a question whether a contract between a surrogate mother and the intended parents is required even in the case of altruistic surrogacy. The paper is a detailed study of the altruistic surrogacy contract and highlights the need and the nature of such a contract. This paper questions the legality of an altruistic surrogacy contract and also emphasizes on the consequences that could be faced by either party in case of absence of a contract. As there is no current law which governs altruistic surrogacy or surrogacy agreements in particular, it would be appropriate to examine altruistic surrogacy in the light of the Indian Contract Act, 1872, Law Commission Report and Indian Council of Medical Research Guidelines.