The Surrogacy (Regulation) Act, 2021: Analyzing the effectiveness of India's ban on commercial surrogacy

Abstract

AbstractIn India, the issue of surrogacy has brought the entire field of assisted reproductive techniques under close scrutiny and debate. It has caused controversies as the state has interfered the process of surrogacy to make it ethically acceptable. Indian government acknowledged the Surrogacy (Regulation) Act, 2021, to protect women's reproductive rights. The Act aims to ban commercial surrogacy and promote altruistic surrogacy without any payment except for the surrogate mother's medical expenses and her insurance coverage. This Act is the object of the first analysis of this article; and second, it investigates how the Act affects prospective childless couples, willing single parents, and members of the LGBTQ community. Employing the interview method and neo‐institutional methodology, this article concludes that the Act made the surrogacy more complex as, in actuality, altruistic surrogacy is a myth because it would be difficult for intended couples to find a willing surrogate mother who will intend to give birth to a child at no cost. This will pave the way for under the table transaction. The Act made it illegal for foreign couples as well as intended Indian couples who already have a child and restricts the chances for the LGBTQ community and single parents.