THE IMPACT OF THE SURROGACY REGULATION ACT 2021 ON SURROGACY PRACTICES- A SOCIO-LEGAL PERSPECTIVE

Abstract

The Surrogacy Regulation Act, 2021 represents a landmark shift in India's approach to surrogacy, aiming to regulate the practice by prioritizing ethical standards and protecting the rights of surrogate mothers and children born through surrogacy. This paper explores the socio-legal implications of the Act, examining its provisions, objectives, and impact on stakeholders. By analyzing the historical context of surrogacy in India, the paper identifies the evolution of legal frameworks before the Act and assesses the strengths and limitations of the new regulations. The research also critically analyzes the Act’s socio-legal impact on surrogate mothers, intended parents, and the broader society, particularly concerning issues of gender, class, and reproductive rights. The paper incorporates case studies and interviews to highlight the real-life effects of the Act, offering a nuanced perspective on its effectiveness and challenges. Ultimately, this study concludes that while the Act addresses exploitation and promotes ethical surrogacy, its restrictive provisions raise concerns about discrimination and limit reproductive freedoms, thus necessitating ongoing dialogue about its implications on human rights and social justice in India.