FROM COMMERCIAL NEXUS TO ALTRUISTIC IMPERATIVE: THE LEGAL EVOLUTION OF SURROGACY IN INDIA

AUTHOR – HARSHITA CHOUBEY & AVIJIT SHUKLA, ASSISTANT PROFESSORS FROM SCHOOL OF LAW AND PUBLIC POLICY, AVANTIKA UNIVERSITY, UJJAIN (M.P.)

BEST CITATION – HARSHITA CHOUBEY & AVIJIT SHUKLA, FROM COMMERCIAL NEXUS TO ALTRUISTIC IMPERATIVE: THE LEGAL EVOLUTION OF SURROGACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 09-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper presents a detailed and humanized legal analysis of surrogacy in India, examining its historical development and the subsequent formulation of a statutory regime under the Surrogacy (Regulation) Act, 2021. It traces the shift from an unregulated commercial surrogacy framework to a statutorily governed altruistic model, reflecting the Indian legislature’s intent to uphold ethical standards, safeguard reproductive rights, and prevent exploitation. Through a doctrinal review of judicial interventions and statutory provisions, the paper evaluates the strengths of the legal framework, particularly its protective intent and emphasis on ethical surrogacy practices, as well as its limitations, including exclusionary eligibility criteria and the risk of unintended consequences such as the emergence of underground arrangements. The analysis further contextualizes India’s legal approach through a comparative assessment of international surrogacy laws and offers insights for potential policy reform. In final analysis, the study makes the case for a more equitable and inclusive regulatory framework that upholds the welfare and dignity of all parties concerned, supports reproductive autonomy, and is consistent with constitutional principles.

Keywords: Surrogacy India, Commercial Surrogacy, Altruistic Surrogacy, Reproductive Rights, Legal Framework, Ethical Concerns, Judicial Interventions, Comparative Law, Policy Implications, Reproductive autonomy.