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Loopholes In The Surrogacy (Regulation) Act, 2021: A Critical Analysis




V. Kavya, Amity Law School, Noida

ABSTRACT

The Act has a number of shortcomings, including a lack of inclusivity, the exclusion of non-binary gender, the ban on commercial surrogacy, and the ambiguity of some provisions.

Apart from a few shortcomings that we shall explore below, the Act does not address several crucial issues. By making modifications where necessary to act in the best interests of the people, I hope to draw attention to the need for the Act to become more inclusive and unambiguous. The Act has primarily been criticised for its restrictions on who can use surrogacy services, its exclusion of non-binary gender, its prohibition of commercial surrogacy, the need to include traditional surrogacy, and the challenges that medical professionals may encounter as a result of the law's ambiguity.


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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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