Challenges and Legal Framework of Surrogacy in India

Surrogacy in India faces significant challenges and legal scrutiny, particularly with the Surrogacy (Regulation) Act, 2021. The Act restricts couples with children from accessing surrogacy, raising constitutional concerns over reproductive autonomy. The Supreme Court is evaluating these restrictions, emphasizing the need for a balanced approach that respects individual rights while protecting surrogate mothers. Last Updated: 2025-11-17

Key Facts About Surrogacy in India

• Surrogacy Law: Includes altruistic and commercial surrogacy.
• Section 4(iii)(C)(II) prohibits couples with children from opting for surrogacy.
• Couples argue this restriction violates their reproductive rights.
• Government claims surrogacy is not a fundamental right.
• Supreme Court emphasizes the need for detailed examination of reproductive freedom.
• Surrogacy (Regulation) Act, 2021 allows altruistic surrogacy only.
• Eligibility limited to legally married couples without existing children.
• Surrogate mothers must meet specific criteria.
• Child born through surrogacy is legally recognized as the biological child.
• Amendments allow surrogacy with donor gametes under certain conditions.
• Challenges include risk of exploitation and emotional strain.
• Exclusionary rules bar unmarried individuals and same-sex couples.
• Reforms needed to rationalize eligibility criteria.
• Strengthening safeguards and support mechanisms is essential.
• Institutional mechanisms for monitoring and grievance redress are necessary.
• Future policies must uphold constitutional rights and ensure ethical practices.

India's Legal and Social Framework on Surrogacy

The legal framework surrounding surrogacy in India is crucial for balancing reproductive rights and ethical considerations. Surrogacy contributes to India's social goals by addressing infertility issues but also raises ethical concerns about exploitation. The Surrogacy (Regulation) Act, 2021 aims to protect surrogate mothers and ensure ethical practices, aligning with India's commitment to human rights and social justice.

Related Government Schemes/Policies

• Assisted Reproductive Technology (Regulation) Bill, 2021: Regulates ART services and ensures ethical practices.
• National Health Policy, 2017: Aims to provide universal access to quality health care services.

UPSC Relevance

GS Paper 2: Governance, Constitution, Polity, Social Justice and International relations - Issues relating to development and management of Social Sector/Services relating to Health.

Prelims Angle: Questions could focus on the provisions of the Surrogacy (Regulation) Act, 2021, eligibility criteria, and the role of the Supreme Court.

Mains Angle: Analytical themes could include the ethical implications of surrogacy, reproductive rights, and the balance between individual rights and societal norms.

Essay Paper: Topics on reproductive rights and ethical issues in surrogacy could be explored.

FAQ Section

• What is surrogacy? Surrogacy is a method of assisted reproduction where a woman agrees to carry and give birth to a child for another person or couple.
• Why is surrogacy important? Surrogacy provides an option for individuals and couples who cannot conceive naturally, addressing infertility issues and fulfilling the desire for parenthood.
• What are the key features of the Surrogacy (Regulation) Act, 2021? The Act restricts surrogacy to altruistic arrangements, limits eligibility to married couples without children, and mandates specific criteria for surrogate mothers.