Surrogacy Laws: A Global Comparative Analysis And India's Regulatory Landscape

Nimal Farhan Aripurath, Government Law College, Thiruvananthapuram, India

ABSTRACT

This research paper delves into the multifaceted regulatory landscape of surrogacy in India, examining its historical evolution and the intricate web of legal, ethical, and cultural considerations. From the emergence of India as a global hub for commercial surrogacy to subsequent regulatory reforms, the paper navigates the complexities of the Surrogacy (Regulation) Act,2021, highlighting its impact and addressing existing limitations. It scrutinizes the legal and constitutional issues arising from eligibility criteria, exploring the implications for the child, surrogate mothers and intended parents. Drawing insights from a global comparative analysis, the paper offers a nuanced perspective on surrogacy laws in jurisdictions such as the USA, the UK, and Ukraine. These three jurisdictions were chosen because their legislations provide a varied degree of regulation in the surrogacy sphere like Ukraine in commercial surrogacy, USA the law being made by states and UK being very similar to that of India. The crux of the paper lies in a set of ten recommendations tailored to the Indian context, advocating for comprehensive legislation, autonomy for surrogate mothers, recognition of parental rights, and ethical guidelines. These recommendations extend to international surrogacy regulations, anti-discrimination measures, and public education programs. Ultimately, the paper envisions a legal framework that harmonizes with India's cultural diversity, fostering an ethical, inclusive, and transparent environment for surrogacy arrangements.

Keywords: Surrogacy, Commercial dimensions, Comparative approach, Parental rights, International laws, Regulation of commercial surrogacy.