October 24, 2023

Men and women are becoming increasingly concerned about infertility. Numerous factors, including age, lifestyle, genetics, etc., may be contributing factors. Even if there are techniques like IVF that are chosen, surrogacy is an alternative strategy in case the first one fails. It has become a popular means of achieving motherhood and is no longer seen as an impossibility, particularly in light of the fact that both men and women recognize infertility as a medical disorder.

Surrogacy: About and its Purpose

The Surrogacy Regulation Act of 2021 defines surrogacy as the process by which a woman carries a pregnancy and gives birth in order to subsequently provide the child to the intended couple.

Its objective is to prohibits and sanctions commercial surrogacy and only allows it for charitable purposes. With the possible exception of insurance and health coverage, this act effectively prohibits surrogates from getting paid for their services.

Provisions Pertaining to the Surrogacy Act of 2021

Some of the most important provisions of the Act that are discussed by RJS Coaching institutes are as follows:

  • A woman who is a widow or divorcee between the ages of 35 and 45, or a pair, which is defined as a lawfully married woman and man, may use surrogacy if they’re suffering from a medical condition that makes it necessary for them to do so, according to the Surrogacy (Regulation) Act of 2021.
  • In addition, it outlaws commercial surrogacy, which carries a prison term of ten years and a fine of up to 10 lakh rupees.
  • Only selfless surrogacy, in which no money is exchanged and the surrogate mother is closely related genetically to the intended parents, is permitted by law.

The Surrogacy (Regulation) Act, 2021: Challenges Faced

There are several challenges to the Surrogacy Act that are underlined by various RJS Coaching to focus on. They are:

  • In order to safeguard the child’s right to birth, the state must cease exploiting impoverished women through surrogacy. The existing Act, however, does not adequately harmonize these two interests.
  • The Act directly affects women’s fundamental freedom to reproduce under the virtue of Article 21 of the Constitution of India by upholding entrenched patriarchal practices in our culture that place little value on the physical labor of women.
  • The number of women who are prepared to surrogate is further reduced by the prohibition on commercial surrogacy, which also denies the surrogates a legal source of money. In general, this act deprives couples who choose to become parents of their children through surrogacy.
  • A friend or relative acting as the surrogate mother in an altruistic surrogacy may result in emotional difficulties for the intended parents as well as the surrogate child because there is a significant danger to the relationship during the surrogacy process and after the birth.
  • An altruistic surrogacy doesn’t involve any outside parties. The intended couple is guaranteed to pay for and assist the medical and additional expenses associated with the surrogacy procedure when a third party is involved. A third party facilitates communication between the couple and the surrogate mother during the convoluted process, something that might not be feasible in the case of altruistic surrogacy.

The Surrogacy (Regulation) Act, 2021: Why in News?

  • The Supreme Court in January 2023, sent notice in a petition, among other things, contesting the Surrogacy (Regulation) Act, 2021 insofar as it leaves unmarried women outside the purview of the term “intending woman.”
  • According to the petition, it is neither acceptable nor reasonable to treat “unmarried” women separately compared to other “intending women” based on any evident differences. It emphasizes that a person’s marital status cannot serve as a classification indicator.
  • However, Article 14 of the Constitution of India falls foul while denying unmarried women or single women access to surrogacy benefits while permitting married women, widows, and divorcees to do so.
  • Pursuant to the petition, the contested provisions also violate Article 21 of the Constitution of India by interfering with a woman’s ability to maintain autonomy and control over their reproductive decisions.
  • The petition alleges that the Law Commission’s recommendations in its report, the need for new legislation that governs assisted reproductive technology facilities in addition to the rights and duties of parties to a surrogacy were not followed by the Legislature.
  • But a decision on the case has not yet been made.


The proposed surrogacy law according to the experts in RJS Coaching institutes is an innovative attempt to balance the competing interests that surround the surrogacy process in order to guarantee the improvement of the child’s condition while safeguarding the interests of surrogate mothers and clients. Strict penalties within the proposed Act will guarantee that everyone proceeds equally and proportionately and serve as a deterrent for prospective offenders.

The Act is undoubtedly an important move in the right direction, given that India is one of the primary centers for these abuses. To make certain that the law maintains up with the ever-evolving needs of society, morality, and technology, there must be a dynamic oversight.

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