Surrogacy in India: An Analysis of Socio-Economic & Legal Aspects of Surrogacy

The development of science and technology enables women to provide wombs for rent as ‘surrogate mother’. Surrogacy is a contract in which a woman carries a pregnancy “for” another couple. The increased infertility rate worldwide has led to advancement of Assisted Reproductive Techniques (ART). The practice of surrogacy involves many ethical and legal issues and also many social factors such as unemployment, literacy, and others play a key role in surrogacy. So, there is an urgent need for a piece of legislature to protect the rights of individuals. Surrogacy is of two kinds-Altruistic and Commercial surrogacies. The Commercial surrogacy is now illegal in Indiaafter passing of Surrogacy Bill 2020.Before passing of Surrogacy Bill 2020, India has been the favourite destination for surrogacy as the women are not financial independent and are being exploited by the third party due to illiteracy and poverty. Through Surrogacy Bill 2020, the exploitation of women is prevented but by completely banning commercial surrogacy, the bill has given lopsided focus on the surrogate mother. The present study also analysed the Laws related to Surrogacy in India and other countries.