LEGAL ASPECTS OF SURROGACY IN INDIA

The Surrogacy (Regulation) Act, 2021 reflects India’s determination to move away from the exploitative commercial surrogacy model and toward a framework grounded in dignity and regulation. It provides a much-needed legal structure that addresses issues of consent, parentage, and the rights of children. Yet, the law’s restrictive eligibility criteria, potential for familial coercion under the altruistic model, and exclusion of several categories of intending parents reveal that the legislative journey is far from complete. A truly comprehensive surrogacy law must balance the legitimate aspiration of parenthood against the imperative to protect the bodily autonomy and wellbeing of women. As courts and legislators continue to grapple with these questions, the legal landscape around surrogacy in India will undoubtedly continue to evolve.