The Law of Surrogacy: Indian Perspective

Mother Teresa rightly said - “The greatest good is what we do for one another.” Surrogacy and Assisted Reproductive Techniques (hereinafter referred to as ‘ART’) have proved to be encouraging treatments for infertility all over the world. They have the potential to solve numerous troubles that are faced by the infertile couples and their families. Nonetheless, in India, the issues of Surrogacy and ART have always been a bone of contention due to the medical, social and gender notions attached to them. Surrogacy and ART pitches the taboos of childlessness against the fears of commercialisation of the female body. In India, Surrogacy has often been condemned as it can lead to exploitation of vulnerable women. On February 19, 2020, the Union Cabinet of India approved the Assisted Reproductive Technology Regulation Bill 2020 (hereinafter referred to as ‘The ART Bill’). The ART Bill is the latest in the line of proposed legislations, namely the Surrogacy (Regulation) Bill 2020 (hereinafter referred to as ‘The Surrogacy Bill’), and the Medical Termination of Pregnancy Amendment Bill 2020 which have been approved by the Cabinet. The author of this research paper intends to discuss the hypothesis and legal position of the practice of Surrogacy and ART vis-à-vis the Indian context. The author while focussing on the mythological and historical perspective of Surrogacy and ART has thrown some light on their possible ramifications in a country like India. The author has made use of the doctrinal method to search for the grounds related to the topic. This research paper is completed by the use of primary and secondary sources such as statues, judgments, reports, journals, and books available on the concerned topic