Surrogacy laws in India

Surrogacy in India has moved from an unregulated commercial sector to being tightly regulated by the Surrogacy (Regulation) Act, 2021. Although the Act prohibits commercial surrogacy and allows only altruistic surrogacy to safeguard women from exploitation, it has been criticized as being too restrictive. Excluding single men, LGBTQ+ persons, and live-in couples, the law generates constitutional issues under Articles 14 and 21 of equality and reproductive freedom. Judicial precedents and international human rights paradigms emphasize the demand for more inclusive law that is sensitive to autonomy, provides safeguards, and is cognizant of various family forms. Comparative models from the UK and Canada indicate that ethical regulation can go along with inclusiveness. The way ahead for India is to balance protection with empowerment, from restriction towards recognition of surrogacy laws.