BY, ADV AKASH RATHI, LEX MAVEN –
THE SURROGACY (REGULATION) ACT, 2021
Parliament has enacted the above THE SURROGACY (REGULATION) ACT, 2021. It defines 2(zd) “surrogacy” means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth.
Section 8 of the Act provides that a child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force. Sec. 8 is reproduced as under-
Rights of surrogate child.— A child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force.
The above makes it very clear that surrogate child shall enjoy all rights available under existing law as if it is natural child.
