Factual surrogate, is neither held as aFactual surrogate, is neither held as a

Factual Differences
between Prostitution and Surrogacy.


potential harms of prostitution are much more than that of the harms of the
surrogacy. First, an agency is approached by the female who expresses her
interest in becoming a surrogate are not generally solicited in face to face
transaction. Furthermore, the need of intercourse is not present with a man in
order to carry out their agreement. It is possible that there is an involvement
of only two women and the transaction is not one that only involves one man and
one woman. Moreover, there are no incidents reported of women being abducted or
enticed to work as surrogates. A surrogacy arrangement is performed as much for
a man as for a woman even if in a partial surrogacy the name of the woman recipient
may be absent from the contract.

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key differences for the better conceptualization of the difference between
prostitution and surrogacy are mentioned below: –


1.     Delinquent
and Indictable Nature

most prominent difference between surrogacy and prostitution is that the latter
can be said as the sale of sexual services which is chargeable is held to be
unethical, soliciting and immoral and offering it is legally prohibited in many
areas around the world, for instance, in India it is a punishable offence under
the Indian Penal Code as well as under the Suppression of Immoral Traffic in Women
and Girls Act. On the other hand, surrogacy can be defined as an act of
substitution of gestation and consequent child bearing without any sexual
intercourse involving the surrogate, is neither held as a fraudulent act nor a felonious

we have read earlier that surrogacy has two forms namely altruistic and
commercial surrogacy.

of the infertile couple is held as a charitable act and is legitimate or
sanctioned in almost all legal jurisdictions. This practice is known as
altruistic surrogacy. Many instances of surrogacy of this nature is mentioned
in the Old Testament of Bible as well as in other Hindu epics such as
Mahabharat which has been bestowed with reverence and social acceptance.

situation is very different in the case of latter, as the commercial surrogacy
is held illegal in most of the legal jurisdictions as enumerating instances can
be referred in Asian or European Nations.

surrogacy is not per se not necessarily illegal, unlike prostitution.


2.     Impetus and

of surrogacy with prostitution can be based on its respective motives or
purposes behind the same. The main aim behind surrogacy is the birth of an
infant which leads to formation of family of an infertile couple who otherwise would
not be able have a child. Thus, surrogacy may be beneficial to both the
individuals and the society whereas the main objective of prostitution is
temporary physical pleasure or sexual gratification. Surrogacy may be
highlighted as a small component in the society where the ends justify the
means owing to its very laudable and noble objective.