Diwash Saibya, B.A LL.B. (Hons.), Indian Institute of Legal Studies, Siliguri
Sangkit Sherpa, B.A LL.B. (Hons.), Indian Institute of Legal Studies, Siliguri
ABSTRACT
This paper critically analyzes the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act of 2021. This paper critiques the restrictive eligibility criteria of these Acts for surrogacy which exclude certain groups and question their alignment with contemporary legal principles and equality. This paper discusses the potential infringement of reproductive autonomy by these Acts, including the ban on commercial surrogacy, the requirement of an infertility certificate, and the violation of donor privacy. It also addresses the right of children to know their genetic origins. It extends its analysis to international perspectives and instruments, emphasising the diversity of legal frameworks and the challenges faced by surrogate mothers and intended parents. This paper urges a dynamic approach to surrogacy regulation in India that aligns with societal norms, technological advancements, and international standards to protect all stakeholders’ rights and well-being.
Keywords: surrogacy, infertility, discrimination, LGBTQIA+, reproductive autonomy.
