Surrogacy in India: Rights, Regulation and Reproductive Justice

Surrogacy in India occupies a complex constitutional space where reproductive autonomy, bodily integrity, family, equality, and State regulation converge. The Surrogacy (Regulation) Act, 2021 seeks to prevent exploitation by permitting only altruistic surrogacy while imposing stringent eligibility conditions. Yet, restrictions on reproductive choices raise deeper questions about the extent of State control over family formation. Judicial developments, particularly in Arun Muthuvel v. Union of India, highlight the tension between statutory regulation and medically necessary reproductive choices. This paper examines surrogacy through the lens of reproductive justice, arguing that effective regulation must prevent exploitation without transforming protection into paternalism or undermining individual reproductive autonomy.