Intersection of right to privacy and surrogacy law

Abstract

Privacy is an essential component of human existence, and is now a fundamental right of every individual. It is realised that this fundamental right to maintain one's secrecy and solitude according to one's whims requires a definitive meaning and strict practical application to ensure citizens autonomy. The necessity for privacy regulations and civil rights of privacy for every individual, regardless of sexual choice, sparked the privacy debate in the twenty-first century. However, because privacy is not an absolute right, every invasion must be justified by law and must be founded on legality, need, and proportionality in order to protect this prized right. One such on-going instance is the relationship between the Surrogacy Bill and the Right to Privacy. The Bill is heavily criticised for being discriminatory, prejudicial, and invasive of the fundamental right to privacy. In the paper, the author traces out how the Right to Privacy pertains to one's body with regard to the Surrogacy Bill. Issues of bodily autonomy, consent, information sharing, and so on are thoroughly discussed in the paper.