Surrogacy Law in Bangladesh in 2025: A Comprehensive Guide by TRW Law Firm

Introduction

Surrogacy is a significant and sensitive legal issue worldwide, particularly for couples unable to conceive naturally. It involves one person, the surrogate, carrying and giving birth to a child on behalf of another individual or couple, known as the intended parents. Despite its growing relevance, the legal framework for surrogacy varies widely across jurisdictions, with some countries embracing it under strict regulations and others imposing outright bans.

In Bangladesh, surrogacy operates in a legal grey area, with no specific legislation governing the practice. TRW Law Firm, based in Bangladesh, provides expert legal guidance on family law issues, including surrogacy, ensuring clients navigate this complex terrain effectively. This article explores surrogacy laws in Bangladesh and contrasts them with global practices, offering insights into the rights, obligations, and legal considerations for all parties involved.

Understanding Surrogacy: Types and Legal Frameworks

Surrogacy arrangements can generally be categorized into two types:

1. Traditional Surrogacy: The surrogate mother uses her own egg, making her the biological mother of the child.
2. Gestational Surrogacy: The surrogate carries an embryo created using the intended parents’ or donors’ genetic material, with no biological link to the child.

The legality and recognition of these arrangements differ across countries. For instance, gestational surrogacy is often viewed as more ethically acceptable and legally viable than traditional surrogacy.

Surrogacy in Bangladesh: Legal and Social Context

Current Legal Status

Bangladesh does not have specific laws regulating surrogacy. The absence of a defined legal framework creates challenges for intended parents, surrogates, and legal practitioners. Instead, surrogacy issues are addressed through general principles of family law, contract law, and international precedents.

Key legal aspects influencing surrogacy in Bangladesh include:

• Parentage and Custody: Determining the legal parents of a child born through surrogacy is ambiguous under Bangladeshi law. The lack of clarity often leads to disputes.
• Contractual Arrangements: Surrogacy agreements are not explicitly recognized or enforceable in Bangladeshi courts, which may result in legal uncertainties.
• Exploitation Concerns: Ethical concerns around commercial surrogacy have hindered its acceptance in Bangladesh, aligning with cultural and religious sensitivities.

Global Legal Perspectives on Surrogacy

India

India’s surrogacy laws have undergone significant changes with the enactment of the Surrogacy (Regulation) Act, 2021, which permits only altruistic surrogacy for Indian citizens and bans commercial surrogacy. Notable cases include:

• Baby Manji Yamada vs. Union of India (2015): Recognized the legitimacy of a child born through surrogacy for the intended parents.
• Jan Balaz vs. Union of India (2018): Highlighted that surrogacy agreements are not legally enforceable, giving the surrogate mother the right to retain the child.

United States

In the U.S., surrogacy laws vary by state. States like California have supportive frameworks, recognizing gestational surrogacy contracts and ensuring parental rights for intended parents.

United Kingdom

The UK permits altruistic surrogacy under the Surrogacy Arrangements Act 1985, but commercial surrogacy is prohibited. Legal parentage is initially granted to the surrogate, requiring intended parents to apply for a parental order post-birth.

Other Notable Jurisdictions

• Russia and Ukraine: Allow commercial surrogacy and grant parental rights to intended parents immediately after birth.
• Australia: Permits altruistic surrogacy but bans commercial arrangements.

Ethical and Religious Considerations in Bangladesh

Bangladesh’s predominantly Muslim population brings additional ethical and religious dimensions to surrogacy. Islamic perspectives generally discourage practices that sever the biological link between a child and its parents, posing challenges for surrogacy arrangements. However, interpretations may vary, and intended parents often seek legal counsel to navigate these complex concerns.

How TRW Law Firm Assists in Surrogacy Cases

TRW Law Firm offers comprehensive legal support to clients involved in surrogacy arrangements, focusing on protecting the rights and interests of all parties. Our services include:

1. Legal Advice and Documentation

• Drafting surrogacy agreements that outline the roles, rights, and obligations of the surrogate and intended parents.
• Ensuring compliance with existing Bangladeshi laws and applicable international regulations.

2. Establishing Parental Rights

• Assisting intended parents in obtaining court orders to establish legal parentage.
• Navigating custody disputes and securing guardianship rights.

3. Cross-Border Surrogacy Cases

• Providing legal guidance for Bangladeshi citizens engaging in surrogacy arrangements abroad.
• Addressing challenges related to citizenship, travel documents, and recognition of foreign surrogacy agreements.

4. Dispute Resolution

• Representing clients in cases involving disputes over custody, compensation, or contract breaches.

Challenges in Surrogacy Law in Bangladesh

1. Lack of Legislative Clarity

The absence of a specific legal framework leaves surrogacy arrangements vulnerable to disputes and exploitation.

2. Ethical and Religious Concerns

Cultural and religious reservations often lead to stigmatization of surrogacy, complicating its acceptance and regulation.

3. Exploitation Risks

Without regulation, surrogates may face exploitation in commercial arrangements, raising human rights concerns.

4. Cross-Border Complexities

Bangladeshi citizens engaging in surrogacy abroad often encounter legal challenges in recognizing parentage and securing travel documentation for the child.

Proposed Solutions and Recommendations

To address these challenges, TRW Law Firm advocates for:

1. Legislative Reform: Enacting comprehensive surrogacy laws in Bangladesh to regulate the practice and protect all parties.
2. Public Awareness: Promoting awareness of ethical and legal issues surrounding surrogacy.
3. International Collaboration: Aligning Bangladeshi laws with international standards to facilitate cross-border surrogacy arrangements.
4. Judicial Precedents: Establishing case law to guide surrogacy-related disputes.

Conclusion

Surrogacy presents a viable solution for individuals and couples facing infertility challenges, but its legal and ethical complexities require careful navigation. In Bangladesh, the absence of specific surrogacy laws underscores the importance of seeking expert legal advice. TRW Law Firm is dedicated to providing tailored solutions for surrogacy-related matters, ensuring the rights and interests of intended parents and surrogates are safeguarded.

By advocating for clearer laws and ethical practices, TRW aims to contribute to a more inclusive and legally sound framework for surrogacy in Bangladesh. For those embarking on this journey, partnering with TRW Law Firm ensures peace of mind and expert guidance every step of the way.