A LEGAL ANALYSIS OF SURROGACY: A COMPARATIVE STUDY UNDER INTERNATIONAL AND INDIAN LAW

AUTHORS – VARSHA D. VYAS*, DR. MANDEEP KAUR** & DR. ARSHIPAL KAUR***

* RESEARCH SCHOLAR AT LOVELY PROFESSIONAL UNIVERSITY, SCHOOL OF LAW

** ASSOCIATE PROFESSOR AT LOVELY PROFESSIONAL UNIVERSITY, SCHOOL OF LAW

*** ASSISTANT PROFESSOR AT DEPARTMENT OF LAWS, GURU NANAK DEV UNIVERSITY

BEST CITATION – VARSHA D. VYAS, DR. MANDEEP KAUR & DR. ARSHIPAL KAUR, A LEGAL ANALYSIS OF SURROGACY: A COMPARATIVE STUDY UNDER INTERNATIONAL AND INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1145-1148, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Surrogacy, as a form of assisted reproductive technology (ART), has raised profound ethical, social, and legal debates across the world. While it provides a path to parenthood for individuals and couples unable to conceive, it also presents challenges regarding the rights and responsibilities of the intended parents, the surrogate mother, and the child. This paper provides a legal analysis of surrogacy with a comparative lens, examining the framework in India alongside major international jurisdictions such as the United Kingdom, the United States, and Australia. It evaluates the evolution of surrogacy regulation, the balance between reproductive autonomy and exploitation concerns, and the need for harmonized global standards. The study concludes with recommendations for ethical and legally sound policy reforms that protect all stakeholders while ensuring the dignity of motherhood and the best interests of the child.

Keywords – Surrogacy; Assisted Reproductive Technology (ART); Surrogacy (Regulation) Act, 2021; Comparative Law; Reproductive Rights; Altruistic Surrogacy; Commercial Surrogacy; Ethical Issues; Parental Rights; Human Rights; International Law; India; United Kingdom; United States; Australia