Surrogacy and Indian Laws: Exploring Surrogacy and Reproductive Technologies and their Indian Legal Implications

Surrogacy, a practice wherein a woman carries a pregnancy for another individual or couple, has gained prominence as a viable reproductive option worldwide. The Surrogacy Regulation Act, 2020 would limit the choice of surrogacy for many. Surrogacy in India has had its own journey from India becoming popular as a surrogacy hub since 2002. For all those couples who would not have been able to bear children on their own, surrogacy is a crucial medical service. It's important to strike a balance between regulating surrogacy to prevent exploitation and ensuring that individuals or couples who genuinely need surrogacy as a reproductive option can access it without undue restrictions. If sensitive concerns related to surrogacy are adequately addressed by carefully crafted legislation that protect the rights of surrogate moms, intended parents, and children born through surrogacy, then surrogacy could be conducted in harmony. As assisted reproductive technologies gain prominence in India, the need for surrogacy laws becomes pivotal. The evolving landscape of family-building options demands clear regulations to address ethical, social, and legal complexities. Establishing a comprehensive legal framework is essential to safeguard the interests of all stakeholders and foster responsible, transparent surrogacy practices. In India, surrogacy has emerged as a significant industry due to its cost-effective nature and relatively lax regulations. This paper will explore the legal aspect of surrogacy in India, highlighting the complexities and challenges associated with this practice. Including the legal implications of surrogacy arrangements and issues related to parental rights, surrogacy contracts and welfare of the child.