THE COMMERCIALIZATION OF SURROGACY IN INDIA: A LEGAL AND ETHICAL CRITIQUE

AUTHOR – RAJAREEGA ACHARIAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – RAJAREEGA ACHARIAN, THE COMMERCIALIZATION OF SURROGACY IN INDIA: A LEGAL AND ETHICAL CRITIQUE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 198-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

I. Introduction

Surrogacy, a method of assisted reproduction, has evolved into a contentious socio-legal issue in India. Initially practiced informally, India emerged as a global hub for commercial surrogacy, attracting commissioning parents from across the world. This proliferation raised significant concerns about the ethical and legal implications of treating reproduction as a market commodity. With India’s lack of regulation, surrogate mothers were often poor women coerced into renting their wombs under exploitative conditions. The enactment of the Surrogacy (Regulation) Act, 2021, aims to curb such commercialization by promoting altruistic surrogacy. However, critiques persist regarding its implementation, oversight, and ethical consistency.

Hypothesis:

Despite regulatory measures, surrogacy in India perpetuates commercialization and commodification of women’s reproductive abilities, leading to ethical and legal violations.