THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX

This paper explores the changes in the legal surrogacy landscape in India with the passage of the Surrogacy (Regulation) Act, 2021, which instituted a ban on commercial surrogacy, thereby paving the way for an altruistic model. The analysis chronicles regulatory developments on surrogacy in India, unravelled through some landmark judicial pronouncements, especially the Baby Manji Yamada and Jan Balaz cases which highlighted significant regulatory voids. The paper analyzes the constitutional aspects of reproductive rights under Article 21, and how they interact with some of the restrictive clauses of present legislation. A comparative analysis of regulatory efforts—from the permissive ART Bill of 2008 to the prohibitive tenor of the 2016 Bill—shows that there are basic alterations in the policy orientations. The proposed research highlights significant barriers to implementation, including definitional ambiguities, administrative infrastructure needs, and continuing constitutional challenges to eligibility restrictions. It further discusses how surrogacy regulation can fit into the larger ART regulatory system, including aspects of integration and realm conflicts. This in-depth analysis sheds light on the intricacies of balancing the competing goals of preventing exploitation and protecting reproductive autonomy that define India’s game-changing approach to surrogacy.