Legal Issues on Surrogacy

Introduction :
Nature has given the beautiful capacity to
procreate a life within woman and every woman
appreciates the experience of motherhood.
But, unfortunately some women due to certain
Physiological situations could not give birth
to their own off-spring. Today’s democratic
country in case of any dispute for property, rights
or interest. Then these things can be separated
by the legal system or various quasi-judicial
and judicial bodies. But till date we don’t have
any mechanism for assessment of separation of
living human body. Here I would like to share
one story with respect to measurement of human
relationship. Once upon a time, there was a
dispute between two women (mothers) for a
child. As per their submissions they both were
calming over childlike, ‘He is my son’; ‘No he is
mine’. After hearing both the woman(mothers),
the king delivered his judgement “Dived the
living the child in to two pieces and give half to
one woman and reaming half to the other2. This
was the order given by the wise king soloman
in order to identify who is the real claimant
or who is the real mother of that child. Before
king’s order they were fighting with each other
and claiming against each other over rights of
child. On hearing of the king’s decision, the real
mother of that child stated crying and requested
to the king, not to cut the child but give it to the
other woman. Now picture was clear who was
real mother and whose claim was flase. The king
gave the child to the woman who was crying and
requesting to the king that no to cut the child.
As she was real mother of the child. I think in
today’s era too King Solomon’s wisdom; such
disputes cannot be rare because of the concept of
surrogacy.