The child’s birth.” The history of surrogacy can

The right to reproduce and have a family is a right that hasduly been recognised since time immemorial. However, with technologicaladvancements and other social, economic and cultural changes, much like other concepts,the concepts of ‘reproduction’ and ‘family’ have also evolved. Technology, in varied forms, has existed since the existenceof mankind. The techniques of shaping tools are taken as the chief evidence ofthe beginning of human culture. On the whole, technology has been a powerfulforce in the development of civilizations.

Technology—like language, ritual,values, commerce, and the arts—is an intrinsic part of a cultural system, andit both shapes and reflects the system’s values. There is an even strongerincentive for techno-biological processes, for such processes are proof that wecan get better than even nature at some aspects, and we certainly need to. Thereason for this is that the wheels of evolution will never stop. Evolution canbe seen in all living organisms – from very basic life forms to the mostadvanced of species.

And thus, in the light of all that has been discussed, theconcept of ‘surrogacy’ must be seen as an evolved concept of reproduction.One standard definition of’surrogacy’ is offered by the American Law Reports1  in the following manner:”…acontractual undertaking whereby the natural or surrogate mother, for a fee,agrees to conceive a child through artificial insemination with the sperm ofthe natural father, to bear and deliver the child to the natural father, and toterminate all of her parental rights subsequent to the child’s birth.”The history of surrogacy can betraced from The Bible which relatesthe story of Abraham and his infertile wife, Sarah, who offered her handmaiden,Hagar, to her husband to bear a child. The introduction in 1970 of in vitrofertilization – fertilization in a laboratory by mixing sperm with eggssurgically removed from an ovary followed by uterine implantation – radicallyaltered the basic evolutionary process of human reproduction and the practiceof surrogacy. The first in vitro fertilization leading to the birth of a childwas in 1978.

2The Right to Life guaranteed underArticle 21 embraces within its sweep not only physical existence but thequality of life. If any statutory provisions run counter to such a right itmust be held unconstitutional. Right to life and personal liberty arecompendium terms which include a variety of rights and attributes.

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The expandedmeaning includes the right to livelihood and also, improved living conditions.Art. 21 is a declaration of deepfaith and belief in human rights. In this pattern of guarantee woven in PartIII of the Constitution, personal liberty of man is at root of Art.

21 and eachexpression used in this Article enhances human dignity and values. It laysfoundation for a society where rule of law has primary and not arbitrary orcapricious exercise of power.3In furtherance, Article 12 of the Universal Declaration on Human Rights enumerates– “No one shall be subjected to arbitrary interference with hisprivacy, family, home or correspondence. Everyone has the right to theprotection of the law against such interference.

“Taking into consideration theabove-mentioned discussion, essentially the fact that right to reproduction andright to livelihood have been recognised as rights essential to human existence,and further considering the aspect of surrogacy in the light of these aspects,there lies a wide scope of discussion and debate. It is essential to noteherein that surrogacy can broadly be categorised into two types – commercialsurrogacy and altruistic surrogacy. While some countries have completely bannedany form of surrogacy, there are others that allow altruistic surrogacy, andsome which allow both altruistic and commercial surrogacy forms. In theproposed research, the researcher wishes to compare surrogacy laws in India,Israel and California – three states with different surrogacy laws – in orderto ascertain the reasoning behind certain States completely banning itspractice and further ascertaining whether such a ban is justified.

1American LawReports, Validity and Construction of Surrogate Parenting Agreement, 77 ALR 470(1989). 2 https://www.outlookindia.

com/website/story/birth-of-debate/292431?tags=bottom_floater=bottom_floater=bottom_floater;Last Accessed on 04 January, 2018 at 22:14 hrs. 3Confederation ofEx-servicemen Association v. Union of India (1981) 2 SCR 516.

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