Evolution And Regulation Of Surrogacy In India: A Legal Overview With Special Reference To The Surrogacy (Regulation) Act, 2021
- IJLLR Journal
- Mar 16
- 1 min read
Surbhi Kumari, PhD Scholar, Sangam University, Bhilwara, Rajasthan
Dr. Omprakash Somkuwar, Assistant Professor, Sangam University
ABSTRACT
Surrogacy has emerged as a significant reproductive option in contemporary society, particularly for individuals and couples facing infertility or medical constraints. In India, surrogacy practices initially developed in the absence of a dedicated legal framework, resulting in the country becoming a major hub for commercial surrogacy. This unregulated growth gave rise to serious legal, ethical, and social concerns, including the exploitation of economically vulnerable women, commercialization of reproductive labour, and uncertainty regarding parental rights and responsibilities.
In response, the Indian legislature enacted the Surrogacy (Regulation) Act, 2021, fundamentally altering the regulatory approach by prohibiting commercial surrogacy and permitting only altruistic surrogacy under strictly defined conditions. This paper traces the evolution of surrogacy in India and examines the legal framework introduced by the 2021 legislation. Adopting a doctrinal research methodology, the study relies on statutory provisions, judicial decisions, and scholarly literature to present a structured legal overview. Rather than advancing an extensive constitutional critique, the paper seeks to establish a clear conceptual and legislative foundation for future research on surrogacy regulation in India.
Keywords: Surrogacy, Assisted Reproductive Technology, Altruistic Surrogacy, Commercial Surrogacy, Surrogacy Regulation, India
