Published Paper Details:

'Surrogacy' is a kind of assisted reproductive technology to help childless people get children. It is divided into two types: (i) altruistic surrogacy means without any monetary consideration (ii) Commercial surrogacy means where the surrogate mother takes money for letting her womb be used as a substitute womb. Eventually, commercial surrogacy gained more popularity than altruistic ones. Commercial surrogacy had changed the view about motherhood. Motherhood has always been praised by every religion, every community, and all cultures worldwide. Commercial Surrogacy is precluded by many people as they thought this is against morality. In commercial surrogacy intended parents paid good amount to surrogacy clinics, in consideration these clinics arranged the medical services plus surrogate mothers for carrying foetus in her womb. Some people termed it 'womb on rent', 'womb on labour' etc. Even some compared it with prostitution, human trafficking and organ selling. Therefore it is prohibited under The Surrogacy Regulation Act 2021, only altruistic surrogacy is allowed. The Surrogacy Regulation Act is debars single men, gay couple etc. for the sake of societal norms and avoid interest of these persons. This paper is aim to study impact of societal norms on The Surrogacy (Regulation) Act 2021. In 2018 Supreme Court protect the personal autonomy of the women in 'Joseph shine Case' and S.377 struck down in 'Navtej Singh Johar' case, impact of these moral changing judgments on Surrogacy will also examine in this paper.