US, Israel and Iran Perspectives on Enforceability of Contract of Surrogacy: Time to Enforce Surrogacy Contracts in Pakistan

Abstract

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The  research  article  with  comparative  surveys  of  US,  Israel and  Iran discusses  that  the  Pakistani  courts’  judicial  approach  requires  an adjustment towards the enforcement of surrogacy contract as the grounds to assume the surrogacy and its contract invalid does not sit well with Contract Act 1872, Constitutions of Pakistan and International Human Rights Laws. The qualitative research approach has been utilized in this paper. The article concludes that the Pakistani judicial approach needs reforms  to  formalize  and  ascertain  the  enforceability  of  surrogacy contracts in alignments with the international standards. This will help the courts to evaluate the enforceability of surrogacy contracts on the basis of the “best interest of the surrogate child.”