A Critical Analysis Of The Surrogacy (Regulation) Act, 2021
- IJLLR Journal
- 6 days ago
- 1 min read
Japji, Research Scholar, Department of Laws, Punjabi University, Patiala
ABSTRACT
The practice of surrogacy has emerged as a significant development in the field of assisted reproductive technologies, offering hope to infertile couples while simultaneously raising complex legal, ethical, and social concerns. In India, the enactment of the Surrogacy (Regulation) Act, 2021 marked a crucial step towards regulating this domain by prohibiting commercial surrogacy and permitting only altruistic surrogacy under strict conditions. This paper critically analyses the provisions of the Act, examining its objectives, scope, and regulatory framework. It evaluates whether the legislation adequately balances the interests of surrogate mothers, intending parents, and children born through surrogacy. The study further highlights key issues such as restrictive eligibility criteria, exclusion of certain categories of intending parents, and potential infringement of reproductive rights. Through a doctrinal research methodology, the paper identifies gaps and challenges in the implementation of the Act and suggests necessary reforms to ensure a more inclusive, effective, and rights-based legal framework governing surrogacy in India.
Keywords: Surrogacy; Assisted Reproductive Technology; Altruistic Surrogacy; Reproductive Rights; Surrogacy (Regulation) Act, 2021; Legal Regulation in India.
