Surrogacy Laws in India: A Legal Analysis

Surrogacy in India has moved from an unregulated commercial practice to a tightly controlled legal framework with the enactment of the Surrogacy (Regulation) Act, 2021. This article critically examines India’s evolving surrogacy regime by analysing statutory provisions, judicial interventions, and recent regulatory developments up to December 2025. It traces the shift from permissive market-driven surrogacy to an altruistic model aimed at preventing exploitation, while highlighting the constitutional tensions such regulation creates with reproductive autonomy, privacy, and equality under Articles 14 and 21. Through key case studies such as Baby Manji Yamada, Jan Balaz, and recent Supreme Court scrutiny of age limits and second-child restrictions, the article argues that the law, though ethically motivated, remains exclusionary and over-restrictive. It concludes that a more balanced approach is needed, one that protects surrogate mothers without unduly limiting legitimate reproductive choices.