Author
Assoc Prof Vijeta S Singh
Organisation/Institution
Khandes College Education Society's S S Maniyar Law College Jalgaon Maharashtra
Country
INDIA
Panel
Human Rights
Title
Wombs for Rent: Reproductive Justice and the Human Rights of Surrogate Mothers in Asia
Abstract
Commercial surrogacy violates of human rights natural rights of mother. This article critically examines the practice of commercial surrogacy in Asia through the lens of reproductive justice and human rights, advancing the metaphor of “wombs for rent” to highlight deep-rooted inequalities embedded in transnational reproductive markets. Surrogacy in many Asian countries such as India, Thailand, Nepal, and Cambodia has historically drawn wealthy intended parents from around the world, exploiting economically vulnerable women who serve as gestational carriers. We argue that these arrangements often amount to a commercialization of women’s bodies, raising serious ethical and legal concerns: surrogate mothers may lack sufficient autonomy, operate under conditions of financial crises, and face inadequate protection under existing regulatory frameworks. For instance, prior to recent reforms in India, surrogate mothers frequently lived in pack four walls or gated hostels, had little contact with their families, and signed complex contracts often in languages they did not fully understand. The article also examines significant legal reforms: Thailand’s 2015 law formally banned commercial surrogacy and restricted surrogacy to non-commercial arrangements among relatives, though it leaves surrogate mothers’ rights only weakly protected. In India, the Surrogacy (Regulation) Act of 2021 prohibits commercial surrogacy altogether and permits only altruistic surrogacy within familial relationships. The analysis contributes to ongoing debates about cross-border surrogacy, reproductive tourism, and the ethics of global reproductive markets. The research paper conclude by offering policy recommendations for Asian states and international bodies to better safeguard surrogate mothers’ human rights, promote reproductive justice, and prevent exploitation in the rapidly evolving landscape of assisted reproduction. Keywords: Surrogacy, Reproductively, Justice, Human Rights etc….
Biography
Dr Vijeta S Singh Associate Professor having 15 years of services. Educational Qualification BSL, LLB, LLM, NET & PH.D in Law. Student oriented Teacher of Law.
