| Abstract: | Surrogacy, an increasingly utilized assisted reproductive technology, facilitates parenthood for many. However, the existing legal and ethical frameworks often focus predominantly on the rights and interests of intended parents and surrogate mothers, inadvertently sidelining the central figure: the child born through these arrangements. This article argues that the child in surrogacy is an “unseen stakeholder” whose unique rights, particularly the right to identity, origins, and long-term well-being, require explicit recognition and robust protection. Drawing upon the principles of the UN Convention on the Rights of the Child (CRC) and examining the Indian Surrogacy (Regulation) Act, 2021, this paper critically analyses the current safeguards, highlights their limitations, and proposes a child-centric approach. Through case studies, it illustrates the potential for rights violations and advocates for proactive measures, including access to information, comprehensive psychosocial support, and legal mechanisms to ensure the child’s best interests remain paramount throughout their life. |
| Keywords: | Surrogacy, Child Rights, Right to Identity, Best Interests of the Child, UN Convention on the Rights of the Child (CRC), India, Surrogacy (Regulation) Act, 2021 |
