by Kuntala Roychoudhury
ABSTRACT
Surrogacy in India occupies a critical intersection of gender, law, and reproductive labour, reflecting broader tensions between women’s autonomy, market forces, and state regulation. In recent years, the shift from commercial to altruistic surrogacy under the Surrogacy (Regulation) Act, 2021 has transformed the landscape of assisted reproduction, raising complex questions about empowerment, protection, and the socio-economic realities of surrogate mothers. This study undertakes a socio-legal analysis of the new regulatory framework to assess its impact on women’s financial security, decision-making autonomy, and social well-being. The findings show that while the legislation aims to curb exploitation, the removal of compensation has significantly reduced women’s economic agency and reinstated dependence within patriarchal households. Persistent stigma, familial pressure, and limited emotional support continue to shape surrogate experiences, revealing the inadequacy of the altruistic model in addressing cultural and structural inequalities. Legally, weak enforcement and the persistence of unregistered clinics undermine regulatory intent and encourage informal surrogacy pathways. Comparative insights from Israel, the United States, and other jurisdictions demonstrate that effective governance requires robust welfare mechanisms and transparent oversight. The study concludes that India’s current model falls short of promoting women’s empowerment and calls for a more welfare-oriented, rights-based regulatory approach.
