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VOL. 7, ISSUE 2 (2025)
Surrogacy in India: An Indian legal perspective on intended parents and surrogate mothers
Authors
Uma
Abstract
Surrogacy involves complex ethical, legal, and
social questions, especially in the Indian context. In India surrogacy has
undergone a dramatic legal transformation over the past two decades, from being
with minimal regulation to becoming a tightly governed process restricted to
altruistic arrangements under the Surrogacy (Regulation) Act, 2021 [5].
However, with rise the of serious concerns regarding the exploitation of poor
women, legal uncertainties over parentage and citizenship, the commoditization
of women's bodies, and the absence of enforceable rights for surrogates and
children forced the Indian judiciary and legislature to take active steps to
regulate the surrogacy industry. The landmark cases such as Baby Manji
Yamada v. Union of India (2008) [4] and Jan Balaz v. Union of
India (2009) exposed the legal grey areas around surrogacy, including
citizenship issues of children born to foreign intended parents and abandonment
of babies due to disability or change in parental intent. These cases
highlighted the urgent need for a codified legal framework that could protect
all stakeholders involved in the surrogacy arrangement. This research paper
aims to examine the legal implications of surrogacy in India through a critical
analysis of the current regulatory framework. It will explore how the rights of
intended parents and surrogate mothers are recognized and protected under the
Surrogacy (Regulation) Act, 2021 [5] and related legislation. It
will also highlight the gaps and ambiguities in the law, assess constitutional
and jurisprudential challenges, and offer recommendations for creating a more inclusive,
ethical, and enforceable surrogacy regime in India.
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Pages:192-200
How to cite this article:
Uma "Surrogacy in India: An Indian legal perspective on intended parents and surrogate mothers". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 192-200
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