Egalitarian theorists and research scholars are deeply divided in to the question of women's rights in respect of Surrogacy where a woman agreed to enter in to a contract of artificial insemination, bear a child and relinquish it to the intending parents. The question of the dilemma is whether the surrogate mother is entitled to receive any form of remuneration as consideration for the surrogacy process or not, whether the surrogacy should be legalized or not. Some supporters of contractual pregnancy regard women as a right, while others focus on illegitimate infringements on woman’s autonomy. In the current scenario, the ratio of legalizing surrogacy by the countries is negligible. This abstract will explore the main questions arising from the debate prompted for the rights of surrogate mothers, focusing on international legislation, and looking critically at the different legislative models in the domain of Surrogacy. The researcher will also throw light upon the reasons for not legalizing surrogacy, especially commercial surrogacy. The hypothesis of the research is the reproductive rights of women in general and health rights, affected by Surrogacy in particular directly or indirectly. This abstract deploys a doctrinal research method where in the researcher examines an interesting finding on the recognition of various rights of Women.To understand the jurisprudence of surrogacy in India via comparing with the different legislation of the world the research work primarily reviewed and analyzed the various models and provisions prevailing in the society. The scope of this abstract is also equally substantial to educate society about childless couples and single persons, couples’ reproductive rights, and the measures functional to have their biological children. The abstract is an attempt to critically evaluate the Act, and highlight the various gaps which remain unfilled.
Keywords: Surrogacy, Surrogate motherhood, Intending parents, Commercial surrogacy