AN ANALYSIS OF SURROGACY AND FAMILY LAW

Authors – HARIHARAN R*, Dr. K. SELVAKUMAR** & PAZHAMALAI S***

* Research Scholar(PT), PMIST (Deemed University), Thanjavur & Guest Lecturer, Government Law College, Tiruchirappalli

**. Director, KKCPS, PMIST (Deemed University), Thanjavur

***. Tutor at RACE Institute, Chidambaram

Best Citation – HARIHARAN R, Dr. K. SELVAKUMAR & PAZHAMALAI S, CASE COMMENTARY ON BIJOE EMMANUEL V. STATE OF KERALA (1986) 3 SCC 615, ILE JUDICIAL AND LEGAL REVIEW, 1 (1) of 2023, Pg. 123-128, ISSN – 2583 – 8040

ABSTRACT

Surrogacy is a complicated process that involves numerous legal, moral, and societal issues, and laws governing it vary widely between various countries. The legal framework for surrogacy agreements and the rights and obligations of the parties involved, including intended parents, surrogate mothers, and the children born as a consequence, are heavily influenced by family law. This abstract gives a general overview of the major issues surrounding surrogacy and family law, such as the legal standing of surrogacy agreements, how paternity is determined, how custody and visitation are arranged, and how courts and administrative authorities play a role in conflict resolution. It also analyses the difficulties and prospects for further regulation of surrogacy while examining the effects of new technological developments and shifting societal norms. In the end, the complicated ethical and legal issues created by surrogacy highlight how crucial it is to develop family law policies that are well-educated and informed, as well as to maintain constant communication among parties.

Keywords: Surrogacy, family law, legal status, parentage determination, custody, access arrangements, courts, administrative bodies, emerging technologies, social attitudes, reform, policy development, stakeholders.