ARCHIVES
VOL. 8, ISSUE 1 (2026)
A legal perspicacity on the surrogacy with special reference to the Surrogacy (Regulation) Act, 2021
Authors
Dr. Haribansh Singh, Akanksha Nehal
Abstract
Reproduction is essential
for the survival. Almost every couple desire to have their own child. Parenting
is like a dream that practically everyone has, but it is a blessing many people
do not normally receive. In a society like India, when a couple is not able to
bear a child, it is considered a curse and it is stigmatized. With the
introduction of major scientific and technological developments in gynecology
and obstetrics, various methods of Assisted Reproduction Techniques have become
a viable alternative to enabling people to become parents. Surrogacy is one
such method. In India, The Surrogacy (Regulation) Act 2021 has raised legal,
moral and ethical questions related to surrogacy. This paper intends to study
the effective application of The Surrogacy (Regulation) Act, 2021 in context of
present situation in India. The new legislation has prohibited the
commercialization of surrogacy as it has been causing grief and exploitation of
surrogate mothers for a long time. But the recent legislation is silent as to
the right to form a family for single parent, lesbian, gay, bisexual,
transgender and queer communities, which have raised a debate all over India
about the Act being a violation of the Right to Reproduction of an individual.
The paper concludes that the current law is a progressive step, but in certain
areas the act is still vague and inefficient in its nature and finally,
suggestions and recommendations for better enforcement of surrogacy laws in
India have been discussed.
Download
Pages:201-205
How to cite this article:
Dr. Haribansh Singh, Akanksha Nehal "A legal perspicacity on the surrogacy with special reference to the Surrogacy (Regulation) Act, 2021". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 201-205
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.