{"title":"Regulating Surrogacy as a Reproductive Practice in India and Sri Lanka","authors":"Stellina Jolly, Danushika Abeyrathna","doi":"10.1163/2211906x-12030004","DOIUrl":null,"url":null,"abstract":"Abstract Sri Lanka and India are desirable surrogacy destinations for various reasons. Although surrogacy can generate greater foreign revenue, it raises ethical and legal difficulties. India enacted the Surrogacy (Regulation) Act 2021 after decades of effort, whereas Sri Lanka continues with unregulated practice. This paper assesses to what extent Sri Lanka may learn from India. To that end, this paper investigates (i) the signifigance of Sri Lanka as a surrogacy destination and the surrounding ethical and legal issues; (ii) the legal validity and the legal framework governing surrogacy in Sri Lanka; (iii) the main characteristics of the legal landscape of surrogacy in India; and (iv) the adequacies and inadequacies of Indian legal approach to the surrogacy to determine the extent to which the Indian model can serve as a template for Sri Lanka. This paper concludes by proposing certain guiding principles for Sri Lanka in developing a legal framework for surrogacy.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/2211906x-12030004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Sri Lanka and India are desirable surrogacy destinations for various reasons. Although surrogacy can generate greater foreign revenue, it raises ethical and legal difficulties. India enacted the Surrogacy (Regulation) Act 2021 after decades of effort, whereas Sri Lanka continues with unregulated practice. This paper assesses to what extent Sri Lanka may learn from India. To that end, this paper investigates (i) the signifigance of Sri Lanka as a surrogacy destination and the surrounding ethical and legal issues; (ii) the legal validity and the legal framework governing surrogacy in Sri Lanka; (iii) the main characteristics of the legal landscape of surrogacy in India; and (iv) the adequacies and inadequacies of Indian legal approach to the surrogacy to determine the extent to which the Indian model can serve as a template for Sri Lanka. This paper concludes by proposing certain guiding principles for Sri Lanka in developing a legal framework for surrogacy.
期刊介绍：
The Global Journal of Comparative Law is a peer reviewed periodical that provides a dynamic platform for the dissemination of ideas on comparative law and reports on developments in the field of comparative law from all parts of the world. In our contemporary globalized world, it is almost impossible to isolate developments in the law in one jurisdiction or society from another. At the same time, what is traditionally called comparative law is increasingly subsumed under aspects of International Law. The Global Journal of Comparative Law therefore aims to maintain the discipline of comparative legal studies as vigorous and dynamic by deepening the space for comparative work in its transnational context.
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