Qanoon Saaz

The Legal Landscape of Surrogacy in Pakistan: A Constitutional Examination

Surrogacy, a reproductive method gaining popularity worldwide, involves a woman carrying a child on behalf of another individual or couple. In Pakistan, however, the absence of specific legislation addressing surrogacy has given rise to questions about its legality and ethical considerations. This article aims to explore whether surrogacy aligns with the principles outlined in the Pakistani Constitution.

Legal Void and Constitutional Considerations:
As of the last knowledge update in January 2022, Pakistan lacks comprehensive legislation explicitly addressing surrogacy. The absence of specific legal provisions has created a legal void, leaving questions unanswered about the rights and obligations of all parties involved – the intended parents, the surrogate, and the child.

The Pakistani Constitution guarantees certain fundamental rights, including the right to life, dignity, and the pursuit of happiness. The question arises: does surrogacy conflict with or violate any of these constitutional rights?

The Right to Life and Dignity:
Surrogacy, when conducted ethically and with the consent of all parties, can be seen as an avenue for individuals or couples facing fertility challenges to realize their dream of parenthood. From a constitutional standpoint, the right to life could be interpreted to encompass the right to have children, and surrogacy might be seen as a means of facilitating this right.

Similarly, the dignity of individuals involved in the surrogacy process, including the surrogate, intended parents, and the child, must be considered. If surrogacy is conducted with respect for the autonomy and dignity of all parties, it may align with the constitutional principles.

Legal Ambiguities and the Need for Legislation:
While the constitution provides a framework for fundamental rights, the absence of specific laws regulating surrogacy leaves room for legal ambiguities. The lack of legal clarity raises concerns about potential exploitation, undefined parental rights, and the overall protection of the parties involved.

The question of whether surrogacy is right according to the Pakistani Constitution remains complex due to the absence of specific legislation. While constitutional principles such as the right to life and dignity may support surrogacy when conducted ethically, the legal void demands urgent attention. The evolving nature of reproductive technologies underscores the need for comprehensive legislation that not only safeguards constitutional rights but also ensures the ethical and fair treatment of all individuals involved in the surrogacy process. As the legal landscape evolves, policymakers must address these issues to provide clarity and protection for those navigating the complexities of surrogacy in Pakistan.

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