A STUDY ON THE HUMAN RIGHTS IMPLICATIONS OF INDIA’S SURROGACY (REGULATION) ACT, 2021
AUTHOR – VARSHA D. VYAS*, DR.ARSHI PAL KAUR** & DR. SHOBHA GULATI***
* RESEARCH SCHOLAR AT LAW SCHOOL, LOVELY PROFESSIONAL UNIVERSITY. ORCID ID- 0009-0005-5894-9766
** ASSISTANT PROFESSOR AT DEPARTMENT OF LAWS, GURU NANAK DEV UNIVERSITY REGIONAL CAMPUS GURDASPUR. ORCID ID- 0009-0008-8973-6212
*** ASSOCIATE PROFESSOR AT LOVELY PROFESSIONAL UNIVERSITY
BEST CITATION – VARSHA D. VYAS, DR.ARSHI PAL KAUR & DR. SHOBHA GULATI, A STUDY ON THE HUMAN RIGHTS IMPLICATIONS OF INDIA’S SURROGACY (REGULATION) ACT, 2021, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 816-819, ISSN – 2583-2344.
This Article is Participated and Presented at 2nd National Conference on the Constitutional Law, 2023 on 26th January, 2023 conducted by Institute of Legal Education (ILE) and published in Conference Edited Book (ISBN – 978-81-960384-7-2)
Abstract
The Surrogacy (Regulation) Act, 2021 represents a major shift in India’s legal framework governing assisted reproductive technologies. Enacted to curb unethical practices and protect surrogate mothers from exploitation, the Act bans commercial surrogacy and permits only altruistic surrogacy under strict eligibility conditions. While the law aims to safeguard dignity, equality, and bodily autonomy, it has also raised substantial human rights concerns—especially with respect to reproductive autonomy, right to parenthood, equality for LGBTQ+ individuals, single persons, and foreign nationals. This paper critically examines the human rights implications of the 2021 Act as relevant up to the year 2022, analysing its strengths, limitations, and impact on vulnerable groups. It concludes with recommendations for balancing ethical safeguards with reproductive choice and non-discrimination.
Keywords: Surrogacy, Human Rights, Bodily Autonomy, Reproductive Rights, Commercial Surrogacy, Surrogacy (Regulation) Act 2021, Equality, Parenthood Rights.