Actually, in Mauritius law and legislations pertaining to surrogate mothers are virtually inexistent. And whether Parliament fails to legislate or reformers would still be waiting until they come across to borrow UK legislations with a view to domesticate them, as usual. There would probably be more and more tourists who would use Mauritian surrogate mothers to have a child and there is a dire need to legislate. The practice whereby one woman carries a child for another with the intention that the child should be handed over after birth (Warnock Committee 1984) is still unknown in our domestic law. According to the Bible, Sarai brought Hagar, a slave-girl, to Abraham who bore a child with her (Genesis chapter 16). Actually, there are two important legislations in the UK: The Surrogacy Arrangements Act 1985 and the more recent one, The Human Fertilisation and Embryology Act 2008. According to the Surrogacy Arrangements Act 1985 (S.1(3)) an arrangement is a surrogacy arrangement if, were a woman to whom the arrangement relates to carry a child in pursuance of it, she would be a surrogate matter. Despite surrogacy is legal (application is made within 6 months of the childs birth and must have attained … Continue reading →