SURROGACY LAW IN INDIA: AN OVERVIEW

AUTHOR – VARSHA D. VYAS, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI. EMAIL – varsha.vyas@mkescollegeoflaw.ac.in

BEST CITATION – VARSHA D. VYAS, SURROGACY LAW IN INDIA: AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 40-42, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

Abstract

Surrogacy, the arrangement where a woman agrees to bear a child for another individual or couple, has gained prominence in India over the years. It is a method of assisted reproduction where a woman (the surrogate) carries and delivers a baby for another person or couple (the intended parents). The Surrogacy (Regulation) Act, 2021, lays down the conditions under which surrogacy is permitted and the penalties for violations. The Act was enacted to curb unethical practices and protect the rights of surrogate mothers and the child born through surrogacy. India’s surrogacy laws reflect a cautious approach to balancing ethical considerations, medical advancements, and social norms. While the Surrogacy (Regulation) Act, 2021, has brought much-needed clarity, it leaves room for future amendments to address inclusivity and practical challenges.

Keywords: Surrogacy, The Surrogacy (Regulation) Act, 2021, legal framework, types of surrogacy