The Impact Of The Surrogacy (Regulation) Act 2021 In India: A Comprehensive AnalysisOf Pros And Cons
- IJLLR Journal
- Feb 27
- 1 min read
Tanushree, Research Scholar, University of Lucknow (U.P.)
Dr. Mahendra Kumar Baishya, Assistant Professor, Sri Jai Narain P.G. College, Lucknow (U.P.)
ABSTRACT
The new Surrogacy (Regulation) Act of 2021 regulates surrogacy arrangements and establishes a framework for surrogacy’s legal and ethical conduct in India. Surrogacy continues to grow in popularity as a solution for infertile couples. However, the absence of regulations in India had sparked concerns about the surrogate’s exploitation and the commercialization of the process. Only Indian couples who have been married for five years or more and are unable to conceive are allowed to apply for the surrogacy service, according to the new law. In addition, the surrogate mother needs to fit specific age and health requirements and be a close relative of the intended parents. Furthermore, commercial surrogacy is prohibited by law, meaning that surrogacy is no longer a viable financial venture. The intended parents, the surrogate mother, and the surrogate child are among the parties whose rights are supposed to be safeguarded by these restrictions. The National Surrogacy Board regulates the process; the act prohibits commercial surrogacy and only permits altruistic surrogacy. The act deals with issues related to trafficking in women and children, the exploitation of women, and the rights and obligations that intended parents and surrogates have under the law. Concerns have been expressed, meanwhile, over how the act may affect women’s rights and the surrogacy industry as a whole.
Keywords: Surrogacy, Impact, Surrogacy (Regulation) Act, Surrogate mother, intended parents, Surrogate
