Prof. Mohammed Zaheeruddin, Dr. Nooruddin Owaisi, Dr. Mohammed Asraruddin, Safura Manal
Perinatal Journal - 2025;33(3):69-78
The study aims to examine the surrogacy practice in India before and after the passing of the Surrogacy (Regulation) Act, 2021. The surrogacy practice has become a subject matter of debate since its legalization in 2002. As there were no specific legislative provision and express prohibition on commercial surrogacy before 2021, commercial surrogacy was a widespread practice; surrogate women and couples seeking surrogate children have been exploited by the middlemen, agents, and in vitro fertilization (IVF) clinics. India has become a popular destination for surrogacy children for foreigners and earned the title of 'baby-producing factory.' The commercialization of surrogacy has raised the issues of legal, ethical, and moral concerns; therefore, the Surrogacy (Regulation) Act, 2021, has been enacted to prohibit commercial surrogacy and introduce certain regulations. The Act allowed only altruistic surrogacy, prohibited foreigners from hiring surrogate mothers and fixed certain conditions for intended surrogate mothers, and intended surrogate couples. The study concludes that the Surrogacy (Regulation) Act, 2021, has addressed the moral and ethical issues, regulating the surrogacy practice in India. The study recommends that surrogacy results in enormous psychological and physical impact on the surrogate mother and loss of employment and earnings; therefore, a reasonable and fixed compensation must be paid to the surrogate mother.
