Legal And Ethical Challenges In Surrogacy Laws In India: A Critical Analysis
- IJLLR Journal
- 1 hour ago
- 2 min read
Sriharsha Manchala, KLEF College of Law, KLEF (Deemed to Be) University, Andhra Pradesh
INTRODUCTION
Surrogacy, a practice where a woman carries and delivers a child on behalf of another individual or couple, has become a significant reproductive option for those facing infertility, medical conditions, or various personal circumstances. As a global phenomenon, surrogacy raises complex legal, ethical and societal issues that are often influenced by cultural, religious and economic factors. In India, surrogacy gained prominence in the late 20th and early 21st centuries due to its relatively low costs, widespread availability of advanced medical technologies and less stringent regulations compared to many Western countries. As a result, India became a global hub for international commercial surrogacy, drawing clients from across the world, particularly from Western countries. However, this rapid expansion of the surrogacy industry led to increasing concerns over the commercialization of reproduction, exploitation of surrogate mothers and the regulation of cross-border surrogacy arrangements.
The Indian government responded to these concerns with the enactment of the Surrogacy (Regulation) Act, 2021, which fundamentally changed the legal landscape. The new law prohibits commercial surrogacy, only permitting altruistic surrogacy for Indian heterosexual married couples who meet specific eligibility criteria. This move aimed to curb the growing commercialization of surrogacy and protect surrogate mothers, but it also introduced a range of legal and ethical challenges. The Assisted Reproductive Technology (Regulation) Act, 2021, passed alongside the Surrogacy Act, governs assisted reproductive practices like in-vitro fertilization (IVF) and aims to regulate clinics, ensure the safety of gamete donors and prevent exploitation. However, these new regulations, while well-intentioned, have raised concerns about their inclusivity and effectiveness in addressing the complex issues surrounding surrogacy.
One of the key ethical challenges in surrogacy is the potential for the exploitation of surrogate mothers, particularly from marginalized and economically disadvantaged backgrounds. In the context of commercial surrogacy, there were widespread concerns about the commodification of women's bodies and reproductive labor. Surrogates, often from low-income communities, were financially incentivized to carry pregnancies for others, leading to questions about whether they were making truly informed choices or were simply coerced by economic necessity. The shift to altruistic surrogacy under the new legal framework aims to address this concern, but it raises new questions about the adequacy of compensation and support for surrogate mothers, as well as the practicality of altruistic surrogacy in a capitalist society.
