Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Legal Dilemmas in Surrogacy: Balancing the Rights of Surrogates, Intended Parents and the Medical Professionals through ADR (Alternative Dispute Resolution) Mechanisms

View through CrossRef
As a complicated reproductive arrangement, surrogacy has special ethical and legal difficulties, especially when it comes to striking a balance between the intended parents' parental rights and the surrogate mother's reproductive autonomy. The legal tensions arise when disagreements over child custody, the enforceability of surrogacy agreements, and the autonomy of the surrogate mother particularly when her consent may be withdrawn or changed during pregnancy, are critically examined in this research study. The rights and responsibilities of each party, surrogate mother, intending parents, and medical professionals remain understudied in the Indian legal setting, where the Surrogacy (Regulation) Act, 2021, has just recently gone into effect. The study also looks into the growing involvement of medical professionals in these types of conflicts, where they may be called upon to defend surrogacy agreements or to fight for ethical transgressions or confidentiality violations. These three-way conflicts show how urgently we need systems that can handle the complicated legal, emotional, and medical issues at play. In light of this, the study suggests using Alternative Dispute Resolution (ADR) procedures including mediation, negotiation, conciliation and arbitration in this order to settle disputes pertaining to surrogacy. These provides a quicker, less confrontational, and more private settlement process, which may be especially helpful in delicate cases like surrogacy. This research aims to provide a balanced strategy that protects the legitimate expectations of intended parents while respecting the surrogate's physical autonomy by examining case studies, legal frameworks, and ethical issues. The paper will focus on mediation as a primary tool solve disputes between the tripartite relation. In conclusion, it promotes a right based yet unified legal system that can use mediation to settle surrogacy conflicts quickly and humanely. Keywords: Reproductive Autonomy, Medical Termination, Surrogates, Intended Parents, Mediation, Alternative Dispute Resolution.
Title: Legal Dilemmas in Surrogacy: Balancing the Rights of Surrogates, Intended Parents and the Medical Professionals through ADR (Alternative Dispute Resolution) Mechanisms
Description:
As a complicated reproductive arrangement, surrogacy has special ethical and legal difficulties, especially when it comes to striking a balance between the intended parents' parental rights and the surrogate mother's reproductive autonomy.
The legal tensions arise when disagreements over child custody, the enforceability of surrogacy agreements, and the autonomy of the surrogate mother particularly when her consent may be withdrawn or changed during pregnancy, are critically examined in this research study.
The rights and responsibilities of each party, surrogate mother, intending parents, and medical professionals remain understudied in the Indian legal setting, where the Surrogacy (Regulation) Act, 2021, has just recently gone into effect.
The study also looks into the growing involvement of medical professionals in these types of conflicts, where they may be called upon to defend surrogacy agreements or to fight for ethical transgressions or confidentiality violations.
These three-way conflicts show how urgently we need systems that can handle the complicated legal, emotional, and medical issues at play.
In light of this, the study suggests using Alternative Dispute Resolution (ADR) procedures including mediation, negotiation, conciliation and arbitration in this order to settle disputes pertaining to surrogacy.
These provides a quicker, less confrontational, and more private settlement process, which may be especially helpful in delicate cases like surrogacy.
This research aims to provide a balanced strategy that protects the legitimate expectations of intended parents while respecting the surrogate's physical autonomy by examining case studies, legal frameworks, and ethical issues.
The paper will focus on mediation as a primary tool solve disputes between the tripartite relation.
In conclusion, it promotes a right based yet unified legal system that can use mediation to settle surrogacy conflicts quickly and humanely.
Keywords: Reproductive Autonomy, Medical Termination, Surrogates, Intended Parents, Mediation, Alternative Dispute Resolution.

Related Results

On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash ABSTRACT In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash Abstract This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Integration of Alternate Dispute Resolution as a Complement to the Traditional Court System in Pakistan
Integration of Alternate Dispute Resolution as a Complement to the Traditional Court System in Pakistan
This article aims to examine the possibility of alternative dispute resolution (ADR) in Pakistan replacing the country's established legal system. The main objective of the study i...
The Surrogacy Literacy of the Indian Surrogate: The Filmy Way
The Surrogacy Literacy of the Indian Surrogate: The Filmy Way
According to narrative theories, fiction and non-fiction literature are text types that can manifest themselves in different mediums. Cinema is a medium that imitates both text typ...
Reviewing Commercial Transnational Surrogacy: Lessons for Aotearoa New Zealand
Reviewing Commercial Transnational Surrogacy: Lessons for Aotearoa New Zealand
<p><b>Commercial transnational surrogacy provides those who experience infertility an opportunity to have a child of their ‘own genetic make-up.’ Gestational surrogacy,...
Absence of a Legal Framework, a Limitation to the Practice of Surrogacy in Nigeria
Absence of a Legal Framework, a Limitation to the Practice of Surrogacy in Nigeria
Introduction: The human passion for procreation and perpetration of lineage has remained since existence. Surrogacy implies the use of a substitute mother to gestate a pregnancy fo...
ASSESSMENT OF KNOWLEDGE, ATTITUDE AND PRACTICES OF PHARMA-COVIGILANCE PRESCRIBERS AT LIAQUAT UNIVERSITY HOSPITAL HYDERABAD, PAKISTAN
ASSESSMENT OF KNOWLEDGE, ATTITUDE AND PRACTICES OF PHARMA-COVIGILANCE PRESCRIBERS AT LIAQUAT UNIVERSITY HOSPITAL HYDERABAD, PAKISTAN
Spontaneous reporting is an important tool in pharmacovigilance. Underreporting of adverse drug reactions (ADRs) is a common problem. In order to improve the ADR reporting, it is e...

Back to Top