Indian Legal Landscape Navigation of Surrogacy: A Critical Analysis of the Surrogacy Regulation Act, 2021

Individuals and couples seeking parenthood look at surrogacy as a boon. But Surrogacy Act, a widely accepted option in the whole world, is still a great challenge in practical terms. Ethical and social acceptability concerns are often raised when understanding and navigating parts come into the consideration of the legal aspects of surrogacy. Eligibility criteria and fundamental rights are needed to modify to achieve transparent mechanisms of fairness and inclusivity with financial implications.The Surrogacy Regulation Act, 2021, represents a significant step forward to illuminate this relatively new technological term, aiming to create a concrete framework that controls, observes and prioritizes the rights and well-being of everyone involved in the surrogacy journey.
This article takes a closer look at the key points of the Act. This article explores the Act's essential elements, particularly its shift from commercial to altruistic surrogacy and its entitlement necessities for both anticipated parents and surrogates. It also examines the creation of a regulatory body tasked with overseeing surrogacy practices and upholding ethical standards.
Although the Act strives to protect individuals from discriminated acquisition and harassment and address common ethical standard, it also raises important questions about being sensitive and unprejudiced. For example, single women and LGBTQ+ couples are presently debarred from accessing surrogacy services; this is challenging the key aspect of personal autonomy and reproductive decisions and showing discrimination. This study, therefore, aims to discuss the advantages and disadvantages of using the new law and considers the practical challenges that intending couple or intending woman, as the case may be,may
encounter in its application and certain necessary questions which remained unanswered Furthermore, by comparing India’s approach to surrogacy with international practices, this article aims to identify valuable lessons that could inform future reforms. Ultimately, this study aspires to contribute to the broader conversation about reproductive rights and ethics in surrogacy, advocating for a more inclusive and equitable framework that respects the needs of intended parents, surrogates, and society as a whole. By navigating the complexities of the Surrogacy Regulation Act, 2021, this article seeks to shed light on how India can move toward a more just and compassionate surrogacy system.