Legal Control Of Surrogacy: A Critical Analysis Of International Experience With Special Reference To English And American Law

Abstract

Marriage which is considered as a social institution of paramount importance, is inter-alia recognized by all the civilizations across the globe as a legitimate means for procreation leading to the perpetuation of the very existence of the society. But there are thousands of couples who are deprived of the bliss of procreation due to infertility of one of them or both or for the reason that they are physically incapable of involving themselves in sexual intercourse. The barrenness so caused has grave psychological, social and emotional impact on both the couples. Generally it is the wife being branded as barren becomes a prey of social contempt, though at times not for her fault. In conservative and traditional societies a childless woman's position becomes so pathetic that because of the wrath of in laws the matrimonial home becomes a hell for her as against her expectation of it to be a heaven. Adoption is one legal solution for the problem of issueless couples, which enables them to have a son or daughter subject to the fulfillment of the conditions contemplated in the relevant adoption laws.