Legal Evolution of Surrogacy in India: Examining Recent Legislative Changes, Their Implications, and Future Outlook.

Abstract

The concept of surrogacy is all about carrying a baby for other parents who are unable to carry a baby due to some medical problems they face. Infertility is common to both men and women, if women is incapable, sperm of the husband is injected to the egg of the surrogate women and if both are incapable the sperm will be donated by the donor and that will be injected to the surrogate mother egg. This concept created a lot problems due to their unrestricted and unregulated mechanism. This made women’s body as a business commodity, that exploits both the surrogates and the intended parents due to the presence of intermediaries. It has created legal, social and ethical problems that affects the Indian society as whole. Because of cheap medical costs, many foreign people exploit Indian women. This directly affecting the bodily autonomy of a women. The visibility of legal vacuum is clear and evident, so creating a separate law is became of need of the time. The government of India enacted the surrogacy regulation act,2021, to eradicate the commercial aspects of this concept and made it as charity thing. This act imposed so much of restrictions on intended parents and the surrogates, that eventually the drawback of this act. It excludes many sections of this society i.e., single persons, LGBTQ+ Community. This shows that act is narrow and it should be enacted for the benefit of each section of the society. This Article explores the evolution of surrogacy legislation in India and explains the key aspects of the surrogacy act,2021 and its implications, finally reiterated about the future changes in the legislation.