Surrogacy as a notion has been popular in India since a very long time. The idea of commercial surrogacy surfaced in the country when women were traded for indiscriminate reasons as surrogate mothers with no legal proof to incur their expenses and thus becoming a use and throw thing. This sole practice has contributed to the decades long worsening

problem of women being exploited.

This research tends to be a theoretical one which delves into the concept of surrogacy from a historical perspective and how it progressed with ultimately leading to enactment of Surrogacy (Regulation) Act 2021.This paper has been precised with certain jurisdictions of my research. It covers a detailed analysis of generality of surrogacy laws in India and China. I have specifically chosen India and China because the former has certain rules and regulations that have emerged in my research field and the latter has banned all forms of surrogacy among its people.