Abstract:
With the advancements that are happening in the field of medicine, in particular gynecology, surrogacy is becoming a preferred alternative to couple who want to have children. But one should also pay attention to many of the legal restrictions that has been imposed by implementing the Surrogacy Act of 2021. There are specific provisions given as to who are all the eligible couple to undertake surrogacy which further questions as to whether the LGBTQ community be regarded as couple and can avail surrogacy and there are specific provisions as to who are eligible to be surrogate mothers. Apart from this, there are questions as to whether the act is discriminatory towards men for not permitting them to be a parent through surrogacy and also questions as to whether the qualifications provided for even single women to avail surrogacy is perhaps narrow minded. The article attempts to dissect the eligibility criteria and other legal aspects that are involved. The article attempts to understand whether altruistic surrogacy is benefiting the society at large without causing any discrimination to different classes of the society. The article also attempts to compare the surrogacy law of India with that of the laws of other countries. Overall, the article attempts to understand the reasoning for implementing the act and as well as also understanding the opposing view points as well.