Aasta V, SVKM's NMIMS' Kirit P. Mehta School of Law
ABSTRACT
With the advancement of assisted reproductive techniques, surrogacy became the most desirable option for couples who could not have a child of their own. The surrogacy arrangement was mostly between close relatives and friends. With the commercialization of surrogacy in 2002, ‘Fears of black market’, ‘Commoditization of woman and child’, and ‘Exploitation’ were a major concern. India, because of its poor socio-economic conditions and cheap medical facilities became popular for foreigners due to the lack of regulations for surrogacy. The first guidelines for surrogacy were drafted by the Indian Council for Medical Research in 2006. On December 25, 2021, the Surrogacy (Regulation) Act, 2021 received President’s assent. This act outlines the practice and process of surrogacy. It also constituted the National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards. This paper makes an attempt to outline the critical issues around surrogacy.
Keywords: surrogacy, surrogacy contract, Indian surrogacy law 2021
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