LEGAL ASPECTS OF SURROGACY IN INDIA

This research paper examines the legal framework governing surrogacy in India, with a primary focus on the Surrogacy (Regulation) Act, 2021and its interplay with the Assisted Reproductive Technology (Regulation) Act, 2021. The objective is to analyze the evolution, provisions and implications of these statutes in safeguarding the rights of surrogate mothers, intended parents and children born through surrogacy, while addressing ethical and social challenges. The scope encompasses doctrinal analysis of statutes, judicial interpretations, and policy critiques, limited to developments up to December 2025. Employing a descriptive doctrinal methodology, the study draws from primary sources such as legislative texts and case law, alongside secondary literature including government reports and scholarly articles. Key findings reveal that while the 2021 Acts have curbed commercial exploitation by mandating altruistic surrogacy, they perpetuate exclusions for single individuals, LGBTQ+ couples, and live-in partners, raising constitutional concerns under Articles 14, 15, and 21 of the Constitution. Implementation gaps, such as delays in clinic registrations and surrogate welfare provisions, further undermine efficacy. The paper underscores the need for inclusive reforms to balance reproductive autonomy with protective regulation, proposing amendments for compensated surrogacy models and expanded eligibility. These insights contribute to ongoing debates in Indian family law and bioethics, advocating for a rights-based approach to assisted reproduction.