Abstract

Surrogacy has become an important way for couples who can't have children to have children, but it is still a very controversial legal and moral issue in India. The Surrogacy (Regulation) Act, 2021 was made law to stop commercial surrogacy and allow only altruistic surrogacy. This was done to protect surrogate mothers from being exploited. But the Act has been criticised for having strict requirements for who can be eligible, leaving out LGBTQ+ people and single parents, and not having a clear way to make sure it is followed. This study takes a close look at how the Act affects women's rights, focussing on the autonomy of surrogate mothers, the economic effects of banning commercial surrogacy, and the complicated legal issues that come up with surrogacy agreements. The study looks at how India's surrogacy laws have changed over time, how judges have handled important cases, and how their legal systems compare to those in the US and UK so that India can learn from their policy changes. The Act is supposed to protect surrogate mothers, but it actually makes it harder for them to have children and make money. Because there aren't any provisions for compensatory benefits, surrogacy markets may not be regulated, which puts even more at risk women who are already weak. There are also problems with child citizenship and legal parentage because there aren't clear legal protections for parental rights in cases of international surrogacy. This study suggests that policy changes should be made to make sure that the law is fair and protects women's rights, stops exploitation, and works with different types of family structures. To make India's surrogacy system more ethical and open to everyone, it is suggested that the compensation model be regulated, the eligibility requirements be widened, and the enforcement mechanisms be made stronger. To help make laws better in the future, more research should be done on how surrogacy laws affect society and the real lives of surrogate mothers and intended parents.

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