The Law Commission has recommended giving legal sanction to surrogacy and to prohibit its commercial use by making it mandatory for one of the parents wanting to have child through it to be a donor.

"Non-intervention of law in this knotty issue will not be proper at a time when the law is to act as an ardent defender of human liberty and an instrument of positive entitlement," the Commission headed by Justice AR Lakshmanan, a retired Supreme Court judge, said in its latest report.