Surrogacy (Regulation) Act, 2021: A Critical Analysis Of Legal Framework And Challenges In India

Abstract

Surrogacy is an important development of assisted reproductive technology (ART) that emerges as an alternative to parenthood for those individuals and couples who are not able to conceive naturally or carry a pregnancy.The combination of advancement in reproductive technologies with easier access to fertility clinics has led to the popularity of commercial surrogacy in Indian society. Initially, the absence of comprehensive laws gave rise to new fears on the exploitation and commodification of women's reproductive capacities, medical risks, risks of parentage disputes and the rights of children born through surrogacy. Surrogacy (Regulation) Act 2021 is a new legislation which tries to tackle such concerns by regulating surrogacy practices and protecting the interests of the parties involved. It reflects the complete departure from previous commercially oriented model of the Indian surrogacy practice and towards one based on altruistic surrogacy. The law also sets some new limitations for intending couples as well as surrogates. National and State Boards plus the respective authorities will regulate the work of surrogacy clinics is one of the significant aspects of the Act.But, by imposing a restrictive surrogacy regime and lack of effective regulation on surrogacy, the Act raises contentious issues for reproductive right and autonomy equality privacy and bodily integrity insurance informed consent, confidentiality and the best interests of the surrogate child. As the Surrogacy (Regulation) Act 2021 is further implemented alongside the ART (Regulation) Act 2021, careful analysis is necessary to evaluate the impact on effective regulation, gender justice and the rights of surrogates and children concerned.