The Surrogacy (Regulation) Act, 2021: A Critique

Area of Science:

• Reproductive Law and Ethics
• Sociology of Reproduction
• Bioethics

Background:

• India's surrogacy industry, a $500 million market, has faced criticism for women's exploitation and commodification of motherhood.
• Previous legislative attempts, including the Surrogacy (Regulation) Bill, 2016, aimed to regulate surrogacy arrangements.
• The Surrogacy (Regulation) Act, 2021, was enacted on January 25, 2022, to address these concerns.

Purpose of the Study:

• To critically analyze the Surrogacy (Regulation) Act, 2021, focusing on its regulatory framework and societal implications.
• To examine the exclusion of the LGBTQ population and the emphasis on 'familial altruism' within the legislation.
• To explore the framing of altruism and its connection to financial aspects in surrogacy arrangements.

Main Methods:

• Analysis of the Surrogacy (Regulation) Act, 2021, and related legislative documents.
• Examination of how altruism is framed in relation to financial considerations in surrogacy.
• Critical discourse analysis of the legislation's socio-economic and ethical underpinnings.

Main Results:

• The Act's emphasis on 'familial altruism' and exclusion of LGBTQ individuals raise concerns about inequity and moral conservatism.
• The framing of altruism in policy documents reveals complex connections between money and morality in surrogacy.
• The legislation may face challenges in implementation and societal acceptance due to its limitations.

Conclusions:

• The Surrogacy (Regulation) Act, 2021, requires further societal dialogue to ensure equitable and practical application.
• Addressing the socio-economic realities of Indian society is essential for effective reproductive legislation.
• Failure to engage in comprehensive dialogue risks creating unenforceable or widely disliked laws.