Ethical And Legal Dimensions Of Surrogacy In India
- IJLLR Journal
- Jul 16
- 1 min read
Shivam Kashyap, B.A.LL.B., Invertis University Bareilly
Mani Gupta, B.A.LL.B., Invertis University Bareilly
ABSTRACT
Once a beacon of hope for childless couples, surrogacy has emerged as a highly debatable social‚ legal and ethical issue in India. By enacting the Surrogacy (Regulation) Act, 2021, the country took a decisive turn to ban commercial surrogacy and legalize only altruistic ones. However, this paper contends that the bill, in spite of its good intent to shield women and children from various forms of exploitation, stifles participants by limiting membership to unattached individuals (single people, LGBTQ+ individuals, and foreigners) and so raises constitutional concerns vis-à-vis Articles 14, 19, and 21 of the Indian Constitution. This paper examines–critically, through analysis of actual cases, as well as using case law, and academic discourse from around the world–these ethical considerations that may lead surrogacy into from such as coerced consent and the commodification of women’s bodies, to class-based exploitation. It also challenges claims about altruistic surrogacy where emotional or familial coercion may interfere with informed consent. The paper concludes by arguing in favor of a liberal, rights-based regulatory framework rooted in the more ethical and socially fulfilling practice of adoption as a morally and socially superior response to issues of parenthood and parenting in India.
Keywords: Surrogacy, reproductive rights, ethical concerns, constitutional validity, exploitation, adoption, bodily autonomy, women's rights, commercial vs altruistic surrogacy, India
