Published Paper Details:

The legal framework governing surrogacy in India has undergone significant transformation in recent years, with a primary focus on regulating the practice to ensure ethical standards and protect the rights of all parties involved. Surrogacy in India was once a thriving industry, attracting international attention due to its relatively low costs and the country's lenient laws. However, concerns over exploitation, particularly of women from marginalized communities, and the ethical and legal complexities of international surrogacy prompted the Indian government to intervene. In 2020, the Surrogacy (Regulation) Bill was introduced, which aims to regulate surrogacy arrangements, both domestic and international, and establish a legal framework that promotes ethical practices. The Bill distinguishes between altruistic surrogacy (non-commercial) and commercial surrogacy, explicitly banning the latter, citing concerns over the potential exploitation of women as surrogate mothers. Key provisions under the Bill include strict guidelines on eligibility for both intended parents and surrogates, the establishment of a National Surrogacy Board, and the creation of regulations for ART (Assisted Reproductive Technology) clinics. The legislation mandates that only Indian citizens can avail of surrogacy services, and the intended parents must be legally married. Additionally, the surrogate mother must meet specific health and age requirements, and the arrangement must be altruistic, with no financial compensation other than medical expenses and insurance coverage. Despite its intention to safeguard the rights of all stakeholders, the regulation of surrogacy raises concerns about its practical implementation, including the challenge of preventing illegal or unregulated surrogacy practices. This paper examines the legal aspects of surrogacy in India, analyzing the Surrogacy (Regulation) Bill of 2020, its implications, and the ethical dilemmas it seeks to address, with a focus on the protection of surrogate mothers, children, and intended parents.