A+| A| A-

An Enquiry

Right to Abort in Surrogacy Contracts

This article makes an enquiry into the right to abort in surrogacy contracts as visualised by the bill on Assisted Reproductive Technology drafted by the Indian Council of Medical Research and introduced in Parliament in 2010. It argues that the bill's anti-abortion clause raises important questions of ethics, fundamental rights as well as legal remedies, if any, in the event of a breach of contract.

Surrogacy is a contract for services which are highly personal in nature, and which are intended to bring social and familial contentment to the commissioning parents through childbirth. Artificial reproduction gives childless families a chance to fulfil a basic human need, that would otherwise be impossible to achieve. However, surrogacy contracts raise several critical questions, abortion being one of them.

The issue of abortion is essential inasmuch as it constitutes a breach of contractual obligations. The commissioning parents contract with the surrogate and take significant steps to set the gestational process in motion, by relying on the reasonable expectation that there would be no abortion. If the contract is breached by the surrogate, the parents are left without alternatives. Thus, one may assert that the question of abortion, unless resolved at the time of entering the contract, might disturb the interests of the parties along the nine months of the contract.

To read the full text Login

Get instant access

New 3 Month Subscription
to Digital Archives at

₹826for India

$50for overseas users

Comments

(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

C P Bhambri believed that the task of social science, like all other sciences, was to arrive at the truth on the basis of well-established facts....

The COVID-19 pandemic may affect the financing opportunities for innovation. The revenue loss induced by the pandemic is likely to divert the...

When the goods and services tax was introduced in July 2017, states were given a revenue guarantee of 14% per annum on their GST revenue over the...

India’s public health system has struggled to cope with the COVID-19 crisis. Even before the pandemic, India’s public health infrastructure was...

The National Education Policy, 2020 unveiled finally seeks to usher in major structural reforms in higher education. Among many measures,...

The COVID-19 pandemic and the resultant lockdown led to the closure of all markets in Manipur, including the Tribal Market Complex in Imphal East...

Coherent national strategies, backed by regional cooperation efforts, offer a way forward for economic recovery in South Asia, which is rapidly...

Sections 357 and 357-A of the Code of Criminal Procedure, 1973 lay down the procedure for granting compensation to the victims of crime. Under the...

The COVID-19 pandemic has provocatively challenged the extant paradigm of development whose theoretical underpinning is derived from the...

The first report of the Fifteenth Finance Commission has allayed many fears that arose after the notification of the terms of reference of the...

Back to Top