From Mythology To Modernity: The Evolving Landscape Of Surrogacy In India
- IJLLR Journal
- Jun 22
- 2 min read
Prof. (Dr.) V.J. Praneshwaran, Director, Professor, CMR University School of Legal Studies, Bangalore, Karnataka
Dhrisya A.S, LL.M Commercial Law, CMR University School of Legal Studies, Bangalore, Karnataka
ABSTRACT
Surrogacy laws in India have emerged as a profit-making industry, with more than thousands of women renting their wombs to childless couples. This paper examines the evolution of surrogacy in India as surrogacy in India is now a booming industry with thousands of women offering their wombs to infertile couples. This article analysis how surrogacy has been redefined over time in India as today we know it compared to what it used to be in ancient India. These practices could be traced back to the Hindu mythology and caste system. A divine intervention was the first form of surrogacy according to these myths. The article also reviews the history of surrogacy from the days when it was only legal for heterosexual couples through to its current state whereby even commercial agents can arrange for surrogate mothers. This paper relies on a critical analysis of historical documents, legal frameworks, and ethnographic research to illustrate how tradition, technology, and globalization intersected in the making of India's surrogacy industry. The paper goes on to discuss the ethical social and legal consequences of surrogacy involving problems like exploitation consent and citizenship. Surrogacy has been an integral part of discussions in the broader Indian social, cultural, and political landscape. This piece hopes to make a little nuanced understanding of this complex and multifaceted phenomenon but shall finally try to engender a critical dialogue on what may happen to surrogacy in India under a framework that endeavours to meet the needs and rights of all relevant parties.
Keywords: Surrogacy in India, Ancient mythology, Modern practices, Commercial surrogacy, Ethical implications, Legal frameworks, Globalization, Reproductive rights, Citizenship.
