LEGAL ASPECTS OF SURROGACY IN INDIA

Surrogacy has emerged as an essential reproductive choice, generating legal, ethical, social, and constitutional issues. This study examines the concept of surrogacy and various aspects of it in the context of the evolution of surrogacy laws in India in the form of court rulings, Law Commission reports, executive guidelines, and legislative enactments leading to the Surrogacy (legislation) Act of 2021[ Act No. 47 of 2021]. The study critically evaluates the phenomenon of commercial surrogacy and how India turned out to be a global destination for reproductive tourism and a 'baby factory', as well as the factors necessitating legislation in that regard. The research focuses on the constitutional dimension of surrogacy including issues such as reproductive autonomy, privacy, equality and personal liberty as provided by the Indian Constitution. People belonging to LGBT community, unmarried couples and others are largely barred from accessing surrogacy. The study critically analyzes the Surrogacy (Regulation) Act, 2021 by looking at various judicial pronouncements and statutory provisions, and its compatibility with fundamental rights and contemporary concepts of reproductive justice and inclusion.