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Legal Provisions of Surrogacy in India


Surrogacy is derived from the Latin word ‘surrogatus’ which refers to one woman reproducing on behalf of another. Surrogacy is a method or a process in which the parents works with the surrogate who carries their child till the time the infant is born. Surrogacy allows individuals and married couples of different types of gender, backgrounds to have a family. An embryo created by sperm and an egg which is produced by the parents or by the donors and then it is put in the surrogate’s uterus who has no genetic link to the parents. Surrogacy is defined by two ways according to the ‘Black law Dictionary’: -

· Gestational Surgery: One woman provides the egg for fertilisation and the eggs transferred to the uterus other woman (surrogate) for birth.

· Traditional Surrogacy: The woman provides her own egg for fertilisation and acts as a surrogate to give birth to the child of another person.