SURROGACY AND CROSS-BORDER PARENTAGE DISPUTES: CHALLENGES IN PRIVATE INTERNATIONAL LAW

AUTHOR – ADHITHYAN B* & MANOJ T**

STUDENTS AT VINAYAKA MISSION’S LAW SCHOOL

BEST CITATION – ADHITHYAN B & MANOJ T, SURROGACY AND CROSS-BORDER PARENTAGE DISPUTES: CHALLENGES IN PRIVATE INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 788-798, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Assisted reproductive technologies have transformed traditional notions of family and parenthood, with surrogacy offering solutions for individuals and couples facing biological or social barriers to reproduction. Cross-border surrogacy where intended parents seek surrogates in foreign jurisdictions introduces complex legal challenges due to differences in national laws on parentage, citizenship, and recognition of foreign judicial decisions.

Determining parental rights, securing the child’s legal identity, and ensuring citizenship often becomes difficult when multiple jurisdictions are involved. Traditional principles of Private International Law, addressing jurisdiction, applicable law, and recognition of foreign judgments, offer limited guidance as they were established before modern reproductive technologies.

This study examines legal issues in cross-border surrogacy, analyzes comparative approaches to parentage disputes, and evaluates India’s regulatory framework under the Surrogacy (Regulation) Act, 2021. It emphasizes child-centered legal protections and the need for harmonized international regulation to ensure clarity, fairness, and legal certainty for all parties.

This research seeks to explore important questions surrounding cross-border surrogacy. It examines how legal systems can recognize and protect the rights of both intended parents and children, the part Private International Law plays in addressing conflicts between different jurisdictions, and how India’s legal framework can be improved to safeguard the interests of everyone involved. By addressing these issues, the study highlights the need for fair, consistent, and practical legal solutions that reflect the realities of modern reproductive practices.

Keywords: Surrogacy, Cross-Border Surrogacy, Parentage, Private International Law, Surrogacy (Regulation) Act 2021, Legal Challenges