Academic journal article International Journal of Education and Management Studies

Legal Sanctity of Surrogacy in India

Academic journal article International Journal of Education and Management Studies

Legal Sanctity of Surrogacy in India

Article excerpt

Parentage is the relation of parents with their children. Maternity is a legal relation between mother and child, and paternity is a legal relation between father and child. The term 'parentage' is generally used for the legal relationship, which a child has with the parents. These legal relation and give rise to certain rights and duties. Such as, mutual rights of inheritance, maintenance and guardianship. "When one person is deemed in law to he the father or mother of another paternity or maternity of the latter is said to be established in the former.'"

It is well settled that a child bom in a lawful wedlock is legitimate and bom out of wedlock is illegitimate. The condition precedent is lawful marriage and conception during the subsistence of the marriage. It is also well settled that the child should not be the product of adulterous intercourse, which indicates also the sanctity of sexual intercourse. Thus children bom with the social stigma of illegitimacy suffer from prejudices because they are not part of traditional family. Further differentiation occurs when women conceive these children by Artificial insemination.

History of artificial insemination

The history of artificial insemination can be traced back to 1322 when marcs were successfully breaded by the Arabs. The Superior mares of the enemies were artificially impregnated by the Sperms of inferior horses to weaken them. From this time onward, until the middle of the sixteenth century successful experiments were made on fish and other animals. The first successful artificial insemination of a human being is credited to Dr. John Hunter, an English Physician who used this device upon a married woman using her husband's semen in the late eighteenth century. In 1890 Dr. Robert L. Dickinson established the practice of artificial insemination using a donor's semen. However, it was not until the twentieth century that recourse was had to artificial insemination for the purpose of procreation.' Presently it has been accepted by a few European countries and America as an alternative means for procreating children and it is being used there in large scale. Although the exact figure due to secrecy reason is not known, the estimated number runs into millions. Brent. J. Jensen has given alarming figure of children born each year from artificial insemination.'

Kinds of artificial insemination

There are three types of Artificial insemination: Homologous artificial insemination (AM), in which the donor and the woman being inseminated are husband and wife,

Heterologous Artificial Insemination, in which the donor is not the husband of the woman being inseminated and it seems to be more common.' Sterility and infertility are the main reasons for contemplating Artificial insemination Donor (AID), but may also be resorted to when there is a risk that the husband or wife may transmit some genetic defect to the children, (iii) Artificial Insemination mixed, in which the infertile husband's semen is mixed with donor's semen and used to inseminate the wife of the husband. Besides, Artificial insemination has its diversified reflection in other advanced technologies like Test Tube Baby, a Baby with two mothers and surrogate mother.

Surrogate parenthood

According to Black's Law Dictionary a mother is defined as "a woman who has borne a child. A female parent, the term includes maternity during pre-birth period". So prior to advancement of medical technology the question as to who is the mother was never in dispute. But now with the concept of surrogacy, the maternity seems to be at stake.

Surrogate motherhood is defined as, when one woman carries to term the fertilised egg of another woman. Another type of surrogate motherhood is when a woman contracts to cany a child for a couple and then is artificially inseminated with the sperm of the husband of the commissioning couple. The surrogate mother uses her own egg. In this situation the wife may be capable of producing eggs, but has no womb or has some other physical impediment, which prevents her from carrying a child. …

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