The Legal and Ethical Implication of Surrogacy (Regulation) Act 2021 on India’s Family Law and Social Norms

  • Diksha Singh
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  • Diksha Singh

    Student at Amity Law School, Noida, India

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Women plays diverse roles during her lifetime, Motherhood being one of them. Motherhood makes a girl complete but not all women can embrace motherhood naturally . Health problems such as infertility is faced by people around the world. The development of In Vitro fertilization has revolutionized the landscape of fertility solutions , giving individual a chance of having biological children. The concept of surrogacy has been mentioned in ancient texts like Bible and Hindu Puranas. Motherhood is considered a natural and joyous gift, bestowed upon women by nature. From the point of conception to the milestones of childhood , motherhood encompasses a journey of growth, sacrifice, and unconditional love. Since the time of immemorial , couples have faced the issue of infertility .Infertility can occur due to male factor, female factor or combination of both. There are two major types of infertility – Primary Infertility meaning inability to have a baby whereas Secondary means inability to get pregnant after a successful conception. The rising problem of infertility affects 10- 15% of the population of India according to report. Due to low cost , less legislation control and availability of surrogates, India became a center for international surrogacy. The exploitation of poor surrogates and moral arguments against renting of womb could be seen as a boom in surrogacy. The Indian Legislature through enactment of Surrogacy Regulation Act, 2021 try to overcome such issue. This paper critically analysis the provision of the act and its legal and ethical implications. The objective of the study is to shed light on the provisions of the surrogacy regulation act 2021 and its impact. This study also explores the legal and moral issues related with surrogacy . This study utilizes a multidisciplinary approach , integrating sociological perspectives, legal examination to elucidate the intricate dynamics inherent in surrogacy regulations in India. This study assesses the effectiveness of Indian legislature and judicial rulings in analyzing the impact of surrogacy regulation in India. Moreover, the dissertation explores the historical background of the surrogacy regulation in India and its various amendments. The study highlights the shortcomings in the present legislation and suggestions for better legal framework for the surrogacy market. The main aim of this dissertation is to enhance the academic discussion on the surrogacy regulation act 2021, its historical background , key highlights of the Act, shortcoming in the present regulation and legal and moral issues related to surrogacy. The findings of this study provide valuable insights for legal professionals, scholars and policymakers who are committed to examine the ethical and moral ramification related to surrogacy.


Research Paper


International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 47 - 98


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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