Abstract

This paper unpacks the complex politics generated by cross-border surrogacy transactions in the context of changing technological practices, especially assisted reproductive technologies (ART) such as in vitro fertilization (IVF). It critically examines the legal and regulatory complexities generated by these technological interventions, and explores issues of legal, ethical and social boundaries. The paper maps the changes in global and Indian legal regimes governing surrogacy – from unregulated markets to tightly regulated, quasi-legal regimes. It introduces the surrogate’s right to protection and enforcement as central organizing principles of the new regulatory regime. It also discusses the effects of restrictive legal regimes on surrogacy, and on changing family forms, showing resistance to social diversity arising from changes in family technologies and changing notions of family. It argues for strong legal reforms to address the rise of new family forms and the technologies of ART.

Keywords