SURROGACY LAWS IN INDIA

Surrogacy is a method of assisted reproduction in which a woman carries and gives birth to a child for another person or couple who are unable to conceive naturally. In India, surrogacy became widely popular in the early 2000s, especially among foreign couples, because of low costs, advanced medical facilities, and lack of strict regulation. However, the rapid growth of commercial surrogacy led to serious problems such as exploitation of poor women, unethical medical practices, lack of legal clarity, and disputes relating to citizenship and parentage of children. To address these concerns, the Indian Parliament enacted the Surrogacy (Regulation) Act, 2021, which came into force in January 2022. The Act completely bans commercial surrogacy and permits only altruistic surrogacy under strict conditions. It allows surrogacy only for certain categories of Indian citizens and imposes detailed eligibility requirements for both intended parents and surrogate mothers. The law also establishes National and State Surrogacy Boards and Appropriate Authorities to regulate clinics and ensure compliance. Alongside this, the Assisted Reproductive Technology (Regulation) Act, 2021 was introduced to regulate ART clinics and banks, control the use and storage of embryos and gametes, and prevent misuse of reproductive technologies. Both Acts work together to ensure ethical and safe reproductive practices. While the intention of the law is to protect women and children, several provisions have been criticised for being overly restrictive. The exclusion of single persons, LGBTQ+ individuals, live-in partners, and foreign nationals raises concerns under Articles 14 and 21 of the Constitution. The complete ban on commercial surrogacy also limits women’s reproductive autonomy and may push the practice underground. Recent judicial developments show that courts support regulation but are closely examining whether the law violates fundamental rights. Overall, the paper argues that surrogacy laws in India must balance protection with equality, dignity, and reproductive freedom.