Spandana Reddy Bommu
India has a thriving market for surrogacy for couples worldwide because of the many surrogate mothers involved and the considerably lower process expense. Furthermore, the absence of laws regulating surrogacy has resulted in greater acceptability of commercial surrogacy in India. Nevertheless, a significant concern is needed, such as surrogate woman victimisation and surrogate child desertion, which has resulted in increased regulations in this area. This research paper critically studies the Surrogacy (Regulation) Bill 2016 and its potential impact on India’s surrogacy practice. The paper examines the changes that the new surrogacy bill of 2020 will bring to the existing surrogacy laws in India and its compatibility with the Indian constitution. Additionally, the researcher explores the issue of women’s exploitation in commercial surrogacy, the after-effects of the ban on Indian surrogacy for gay couples, and whether altruistic surrogacy is harmful to women. The paper also discusses the significance and limitations of surrogacy agreements, including questions about their legal validity and enforceability. The researchers suggest that effective regulation of surrogacy is necessary to protect the interests of surrogate mothers and prevent their exploitation. The paper concludes by calling for the development and execution of more onerous restrictions to address the current loopholes and limitations in the Surrogacy (Regulation) Act 2020.
