Future of Commercial Surrogacy in India: A Critical Analysis

Child is the gift of nature (God). He is considered to be the current generation’s heir apparent.¹ It is regarded that the birth of a child makes the married life of spouse more happy, meaningful, secure, and successful and prosperous in this creative world. Child is the milestone of his family and brings a glimpse to the society for a better tomorrow. Married couples have an innate desire to have their own biological child, they want to live a dignified life in the world. But due to infertility, they are unable to fulfill their will of own offspring through procreation.² Infertility compels us to feel helpless. They bear touchers of their family and society specially for women. Family is the social institution of society. To have his own family is a fundamental right of Human beings. Indeed, infertility is common among married couples. Medical science has proved various biological and medical causes of infertility like repeated miscarriage, high blood pressure, defective uterus, age fetors, liver or kidney disease, thyroid disorders, diabetes mellitus, Adrenal disease, kallmann syndrome and genetic challenges. In reality, infertility is supposed to be a scar on the forehead for motherhood and fatherhood. Modern age is the age of science and technology. The advancements of technology have brought a wave of hope for infertile couples through Assisted Human Reproductive Technologies particularly surrogacy. Surrogacy is one of the important developments of this new age of science and technology. Surrogacy process is a boon for intended parents in the whole world. There are many forms of surrogacy, commercial surrogacy is one of them. Commercial surrogacy had established itself as an industry in India. Commercial Surrogacy should be legalized or banned, is a burning topic of debate from the last few decades in the world. Through this paper researcher would like to explore the history of commercial surrogacy, role of legislation, judiciary, regulation or new regulation, guidelines and present situation of commercial surrogacy in India. Here researcher would discuss various reasons of commercial surrogacy, advantage and disadvantages and other incidental aspects pertaining to the Commercial surrogacy with special reference of ‘’ The Surrogacy [Regulation] Act 2021. The present paper is totally based on secondary source of date such as legal Journal, books, Magazines, Newspaper and web sources etc.