Reproductive Health Care and Policy Concerns: Regulation of Surrogacy Arrangements in Sri Lanka and Lessons Learned from the United Kingdom: PART 2: SURROGACY IN SRI LANKA – COUNTRY REPORT

Professor Katarina Trimmings, Ziyana Nazeemudeen, Darshana Sumanadasa, Rose Wijayesekera

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Abstract

Following medical innovations, Sri Lanka, in general, recognises the rights of infertile married couples to have children through assisted reproductive technologies (ART). However, firstly, there is no proper law governing such practices, but it is regulated by the Sri Lanka Medical Council through a provisional code of practice on ART. Secondly, neither the law nor medical practice explicitly recognises surrogacy as a strategy for a couple to have a baby. Despite the non-recognition of surrogacy as a legal practice in Sri Lanka, the literature reveals that Sri Lanka has become a hub of surrogacy and even a destination for surrogacy-led migration. There are even online platforms available to facilitate a meeting of intended parents and potential surrogate mothers. Therefore, there is a clear gap between the law and surrogacy practice – an area unexplored in Sri Lanka. This research examines Sri Lankan laws such as criminal law, contract law and family law to find out whether these laws implicitly recognise or facilitate the practice of surrogacy and surrogacy arrangements.
Original languageEnglish
PublisherUniversity of Aberdeen
Publication statusPublished - 2021

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