A COMPREHENSIVE STUDY ON THE SURROGACY (REGULATION) ACT, 2021 VIS-A-VIS THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021

Abstract

Surrogacy is a process or procedure where a woman consents to be pregnant for other intended/desired parents who are unable to conceive due to medical/natural reasons. Overall, to say that, this is an agreement that implies a consensus ad idem between both the parties i.e., the surrogate mother, and the expected parents. From ethical and moral perspectives, it’s helpful, but some instances prove it to be a wringing of all three; surrogate, locum tenens baby and in-fecund couple. The union government keeping in view the advantages and disadvantages, has taken numerous drives to control and to bridle the ART centers. The Surrogacy (Regulation) Bill was passed by the Lok Sabha on 19th December,2018 and the same has received President’s assent on 25th Dec, 2021 in order to practice and process of surrogacy. Similarly, the Assisted Reproductive Technology (Regulation) Act, 2021 has also received the assent of the president for the regulation and supervision of the Assisted Reproductive Technology herein after called as ART. This is a significant pace taken to end commercial surrogacy in India. This article, attempts to put forth the effort to contemplate the notion of surrogacy and surrogacy law in India. To a greater extent, the paper also focuses on the idea of the malleability of surrogacy in mythology. It is appropriate to note here that in India commercial surrogacy is legal. Many infertility couples, even outsiders approach India for their carving to set off parents. Albeit both the parties acquire good sake out of this procedure, however, there are some indubitable legal proceedings which are exceptionally mind-boggling and entail, inscribed and set on by umbrella legislation. Surrogacy entails a squabble of profuse interests and has memorable effects on the foremost section of the community. Finally, the paper is concluded by giving suggestions. Key words: -Surrogacy, Commercial Surrogacy, Surrogacy Act, Assisted Reproductive Technology, surrogacy and mythology etc.