LEGAL CHALLENGES OF INTERNATIONAL SURROGACY: A PRIVATE INTERNATIONAL LAW PERSPECTIVE
AUTHOR – RUBAN G, STUDENT AT VINAYAKA MISSION’S LAW SCHOOL, CHENNAI
BEST CITATION – RUBAN G, LEGAL CHALLENGES OF INTERNATIONAL SURROGACY: A PRIVATE INTERNATIONAL LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 362-367, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract: –
Significant developments have taken place in assisted reproductive technology, which has led to an increase in cross-border surrogacy. The issue of international surrogacy has raised various complex issues in the area of private international law. International surrogacy arrangements involve various international parties such as intended parents and surrogate mothers, and children born out of such surrogacy arrangements. International surrogacy arrangements have raised various conflicts with regard to jurisdiction, recognition of parentage, and determination of the nationality of the child. The absence of an international regulatory framework has led to inconsistent approaches by different countries in dealing with surrogacy arrangements. Therefore, there is an element of uncertainty for all the parties involved in such arrangements.[1]
In the past, India has become one of the popular destinations for international surrogacy arrangements due to low medical costs and availability of specialized medical services. However, there have been concerns with regard to commercialization of surrogacy arrangements and exploitation of surrogate mothers. The enactment of the Surrogacy (Regulation) Act, 2021 is an attempt by India to deal with the issue of surrogacy by regulating commercial surrogacy and allowing altruistic surrogacy under certain circumstances.[2]
Judicial decisions have also contributed to the development of the legal framework governing surrogacy. In Baby Manji Yamada v. Union of India, the Supreme Court of India addressed issues concerning guardianship and the legal status of a child born through international surrogacy, highlighting the challenges arising from cross-border reproductive arrangements.[3]
This paper analyses the legal issues surrounding international surrogacy from the perspective of private international law, particularly focusing on jurisdictional conflicts, determination of parentage, and recognition of foreign decisions.
Keywords: Private International Law, International Surrogacy, Cross-Border Surrogacy, Jurisdictional Conflicts, Parentage Determination, Citizenship of Surrogate Child, Surrogacy (Regulation) Act, 2021.
[1] Scott B. Rae, Ethical Issues in International Surrogacy, 38 J. Med. & Phil. 248, 248–63 (2013), available at
https://www.jstor.org/stable/10.1093/jmp/jht016
[2] Surrogacy (Regulation) Act, 2021, No. 47 of 2021, India Code, https://www.indiacode.nic.in/handle/123456789/17102
[3] Baby Manji Yamada v. Union of India, (2008) 13 S.C.C. 518 (India), https://indiankanoon.org/doc/854968/.