The Surrogacy Regulation Act of 2021: A Right Step Towards an Egalitarian and Inclusive Society?

Abstract

With the advent of major scientific and technological advancements in obstetrics and gynecology, surrogacy is quickly becoming a viable alternative to enable people of all genders to become parents. However, its path toward reality is still fraught with legal and ethical dilemmas. With the Surrogacy Act of 2021 coming into effect earlier this year, the present article aims to dissect the various legal nuances involved while also considering the societal norms governing the actual scenario at ground zero. Our review discusses the aspects of eligibility criteria, the health implications, the rights of the surrogate mother and the child born, the financial burden, and compensation. We aimed to bring attention to this act and its implications on marginalized segments of society, with an attempt to bring beneficial changes for them. In this review, we provide viable alternatives adopted across the globe to solve the identified issues to make the present act non-discriminatory and more rewarding to all involved beneficiaries.

An Overview of Surrogacy Technology

“…The modified legislation permits only charity surrogacy, barring people with financial resources from abusing and taking advantage of the surrogacy option, and it forbids commercial surrogacy as well as the trade of human gametes and embryos. According to estimates, roughly 50% of the approximately 25,000 surrogate children generated in India each year were for couples from Western countries[6].…”