A critical analysis of Commercial Surrogacy and Human Rights in Indian Legal System ‘He is my son’; ‘No he is mine’. After hearing both the ladies, the King delivered his judgment. ‘Divide the living child into two, and give half to one and half to the other’ For many in India womanhood is defined by becoming a mother. Surrogacy and Indian Legal System: The legal position of commercial surrogacy in India has been complex since its legal recognition in 2002 through the Indian Contract Act, 1872
the Muslim Law and varying opinion among the authorities. According to Muslim scholars, the question of surrogacy in Islam, is one of fiqh and have based their findings on the legal analogies and considerations. For one group of scholars, surrogate motherhood especially the gestational type of surrogacy, is not allowed in Muslim law, because it is akin to zina (adultery). This is because the woman carries the child of a man who is not her husband. The status of surrogacy in Muslim Law is Haram and