Surrogacy In India: Comparative Analysis With Global Legal Trends
- Indian Journal of Law and Legal Research
- Feb 27
- 2 min read
Kusha Mehta, Campus Law Centre, Delhi University
Akshita Garg, Campus Law Centre, Delhi University
ABSTRACT
Infertility, a rising health issue affecting both men and women, stems from a complex interplay of factors like age, genetics, lifestyle, and environment. As infertility rates climb, so does the demand for alternative reproductive solutions. Surrogacy, bolstered by progress in assisted reproductive technologies (ART), has become a prominent option. In contemporary society, infertility is increasingly recognized as a medical condition, and parenthood is no longer defined by heterosexual relationships. Thanks to advancements in ART, individuals of all gender identities can pursue parenthood, with surrogacy offering a compelling pathway. Surrogacy, particularly in its commercial and altruistic forms, offers a transformative opportunity for same-gender couples and single parents to experience parenthood, providing a solution where biological reproduction may not be feasible.
In India, however, while surrogacy has emerged as a significant avenue for assisted reproduction, its accessibility remains constrained due to legal barriers, especially the Surrogacy (Regulation) Act of 2021.
This research explores the impact of the Act on the rights and opportunities of same-gender couples and single parents, analyzing the intricate legal framework that limits their access to surrogacy services. The paper delves into the dynamics of the Act, highlighting its restrictions on commercial surrogacy, its focus on altruistic surrogacy, and its implications for marginalized family structures. Through a critical examination of the legal and ethical dimensions of surrogacy in India, this study evaluates the balance between protecting vulnerable surrogates and intended parents, and the need for reform to ensure equitable access to reproductive choices. The paper aims to contribute to a nuanced understanding of how India’s evolving surrogacy laws impact diverse family formations while considering the global implications of such legal developments.
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