Surrogacy: A Global Legal Perspective With An Emphasis On Changing Regulations In India

Rhythm Sharma, Law Center-2, Faculty of Law, University of Delhi.

ABSTRACT

This paper offers a legal perspective on the present state of surrogacy practises in India as well as other countries around the world. Surrogacy is a contentious issue not only in India but globally. As time passes, laws on the issue are evolving in various nations, with some being more lenient than others. In Indian culture, blood ties are held in the highest regard. When married heterosexual couples are unable to conceive through natural or assisted reproductive technology (like intrauterine insemination or in-vitro fertilisation of the embryo in the mother’s womb), they seek alternative methods to produce a genetically related offspring. Lesbian, gay, bisexual, transgender, and queer (LGBTQ) couples and single men & women who wish to rear children encounter a comparable challenge. In such circumstances, surrogacy appears to be an outstanding option. The subject's laws were flexible, making India a popular destination for surrogacy and leading to the exploitation of surrogates. This was altered by the Surrogacy Regulation Act of 2021, which tightened the process and reduced the number of parties eligible to utilise this option. However, the constitutionality of the act's restrictions is challenged by critics.

Keywords: Surrogacy Regulation Act (SRA)