Ananya Bhatnagar, National Forensic Sciences University
ABSTRACT
India, once celebrated as a global nexus for commercial surrogacy, has undergone a profound metamorphosis in its legal architecture governing reproductive rights and surrogacy regulations. These sweeping transformations mirror a broader, reflective reappraisal of ethical paradigms and the intricate complexities inherent in assisted reproductive technologies.
The enactment of the Surrogacy (Regulation) Act, of 2021—a statute meticulously crafted to preempt exploitation—has ushered in draconian measures that proscribe commercial surrogacy while permitting only altruistic arrangements under rigorously defined, unequivocal conditions.
Although this legislative initiative is ostensibly designed to safeguard the dignity and rights of surrogate mothers, it has simultaneously ignited fervent debates surrounding reproductive autonomy, gender equality, and the delicate interplay between bioethics and legal frameworks. This article endeavors to provide a critical exegesis of India's evolving surrogacy jurisprudence, elucidating its legal provisions, regulatory challenges, and the potential reverberations for reproductive justice.
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