Surrogacy Laws: Worldwide Comparative Study And The Regulatory Framework In India

Smriti Verma, B.A. LL.B. (Hons.), Amity University, Lucknow

ABSTRACT

This study explores the complex regulatory environment surrounding surrogacy in India, looking at the practice's historical development as well as the many legal, moral, and cultural factors that come into play.

Certain legal and certain theological concerns with surrogacy were covered in the current study. The study compares the legal frameworks and concerns surrounding surrogacy in India and other nations. Although many countries have either passed or proposed legislation pertaining to surrogacy, those most impacted by the practice lack knowledge about these rules and how to apply them. This was seen in numerous instances all throughout the world. The article navigates the complexities of the Surrogacy (Regulation) Act,2021, outlining its influence and resolving current restrictions, starting with the rise of India as a global hub for commercial surrogacy and continuing with later regulatory improvements.

The core of the article consists of eleven recommendations that are specific to the Indian context and call for broad law, surrogate mother autonomy, parental rights recognition, and ethical standards. These recommendations include regulations pertaining to overseas surrogacy, anti-discrimination measures, and public education campaigns.

The paper's ultimate goal is to create a legal framework that respects India's cultural diversity and promotes a moral, open, and transparent surrogacy arrangement environment.

Keywords: Surrogacy, comparative analysis, regulatory reforms, Law and Policy.