A Legal Examination of the Surrogacy Bill and Regulatory Framework in India

Abstract

The analysis highlights the shortcomings of the Surrogacy (Regulation) Bill, 2019 by examining both Indian and international perspectives, and suggests practical reforms to develop a more inclusive and effective legal framework. The Bill aims to protect vulnerable individuals by clearly defining the rights of all parties involved in surrogacy arrangements. However, it is imperative that all dimensions of surrogacy in India are thoroughly debated, so the legislation can serve as a tool for social progress rather than restriction. Crucial concerns raised by the Bill include the potential emergence of a grey market if commercial surrogacy is entirely prohibited, and the risk of subtle coercion—where women may be pressured by matrimonial families into altruistic surrogacy against their will. Additionally, the rights and welfare of children born through surrogacy must be considered, especially in cases where legal provisions are breached. Addressing these issues is essential to ensure that the law promotes fairness, autonomy, and protection for all stakeholders.