Surrogacy In India: Legal Framework And Mental Health Implications
- IJLLR Journal
- Jul 8, 2025
- 1 min read
Anjali Banga, LL.M., Department of Law, Maharishi Markandeshwar (Deemed to be University), Mullana, Ambala
ABSTRACT
Surrogacy has emerged as a significant advancement in assisted reproductive technology, offering a pathway to parenthood for individuals and couples unable to conceive naturally. It involves a legal arrangement whereby a woman agrees to carry and deliver a child for another person or couple, often raising complicated legal, ethical, and psychological questions. This research paper begins by exploring the conceptual aspects of surrogacy, distinguishing between its various forms—altruistic and commercial, traditional and gestational. It then critically examines the evolution of surrogacy laws in India, with a particular focus on the Surrogacy (Regulation) Act, 2021. A major area of concern addressed in this paper is the inadequate attention given to the mental health dimensions of surrogacy. Despite growing evidence that surrogate mothers, intended parents, and children born through surrogacy face unique psychological challenges, including attachment issues, identity struggles, anxiety, and emotional distress, the current legal framework in India fails to mandate psychological screening or sustained mental health support.
Keywords: Surrogacy Laws, Mental Health, Assisted Reproductive Technology, Commercial Surrogacy, Surrogate Mother, Law Reform.
