Law and Policy on Surrogacy in India: A Comparative Study

Abstract

Surrogacy is a distinctive approach to human reproduction that allows individuals to create new human beings without relying on the biological or natural process of childbirth. Surrogacy, like any other new technology, has both advantages and disadvantages. It was discovered with the intention of delivering joy to parents who are unable to have children; hence, it served a humane objective. However, throughout time, certain individuals have greatly abused it for malicious intentions. These individuals are only motivated by financial gain and exploit surrogates at every stage of the process. This condition is widespread not only in India, but also in other countries worldwide, particularly in emerging and under-developed nations, where a large population is experiencing poverty and economic disparity. India has just implemented the Surrogacy (Regulation) Act, 2021. In India, the Act explicitly forbids commercial surrogacy. Consequently, it is time to consider the Act’s drawbacks and potential benefits; otherwise, this virtuous practice of surrogacy will fail to achieve its cherished objective of benefiting humanity and will instead become a hindrance for it. This article aims to provide a critical analysis of the laws governing surrogacy in India. It will examine the effects of the Surrogacy laws and emphasise the necessity of adopting a well-balanced approach to the regulation of surrogacy in India. Given these circumstances, the objective of this research is to examine the purpose and characteristics of surrogacy, as well as the surrogacy legislation that is currently in effect worldwide, including in India.