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Adoption vis-a-vis Surrogacy: A Comparative Legal Analysis

Kushal Singla , Kushal Singla

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Indian Journal of Law and Human Behavior 1(2):p 113-121, . | DOI:
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Abstract

The 2001 census of India shows the number of married couples to be 173,044,576 [1]. Due to the change in the lifestyle and the pattern of living in today’s times, the number of couples who have various medical problems in conceiving has risen tremendously. The recent National Family Health Survey, for example, estimates childlessness as 2.4 percent of currently married women over 40 in India, one in every six couples being infertile [2]. These people, including other couples who may not have had children due to other reasons, then resort to other measures like adopting a child, surrogacy etc. This paper is thus a humble attempt to provide a comparative analysis of these two above mentioned options i.e adoption and surrogacy with respect to India and discusses the several aspects with reference to feasibility, cost etc. Last but not the least, the legal provisions highlighting the lacunae in the respect to various personal laws would also be dealt with in detail.

Keywords: Adoption; Surrogacy; Uniform civil code; Rights of adopted child; Relation back.  

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  • Kushal Singla
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  • Kushal Singla
    ,
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