Can a ‘Surrogate Mother’ be forced to deliver child by terms of contract or by order of a court?

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In India, there are laws for Contracts and there are laws for enforcement of a contract.

If contract is for sale of land, goods, etc, court can order enforcement of terms of such contracts.

But if contract is of ‘Personal Service, where contract is to perform personal service, such contract cannot be enforced by order of court, though court can award damages.

Contract of ‘Surrogate Mother Service’ are yet new in India. It’s validity is yet to be tested in courts.

But as per my personal view such ‘Contracts of Surrogate Mother Service’ are contracts of performing ‘Personal Service’ and hence court cannot order a surrogate mother to perform as per terms of contract.

Haresh Raichura
27/3/2013