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The Complexities of Surrogacy in India: Legal, Ethical, and Social Issues

by Ambareesh
"Navigating surrogacy complexities in India: Legal, ethical, and social considerations"

Surrogacy is a complex process that involves a woman carrying a pregnancy for another individual or couple. It is a popular option for couples struggling with infertility or same-sex couples who want to start a family. In India, surrogacy has become widespread, but it is not without its legal, ethical, and social issues. In this blog post, we’ll explore the complexities of surrogacy in India.  

Legal Issues Surrounding   

Surrogacy in India is legal but regulated by the Indian Council of Medical Research (ICMR) and the Ministry of Home Affairs. However, the laws surrounding surrogacy in India are complex and have undergone many changes over the years.  

In 2015, the Indian government passed the Surrogacy (Regulation) Bill prohibiting commercial surrogacy. This means that a woman cannot be paid for carrying a pregnancy for someone else. Only altruistic surrogacy is allowed when the surrogate is a close relative of the intended parents. However, the bill has yet to be implemented, and commercial surrogacy is still widely practiced in India.  

Ethical Issues Surrounding 

One of the main ethical issues surrounding surrogacy is the exploitation of women. Many women in India, especially those from lower socio-economic backgrounds, become surrogates to earn money for their families. However, they may not fully understand the risks involved in surrogacy or may be coerced into the process.  

Another ethical issue is the potential for the commodification of children. In commercial surrogacy, the child is treated as a product that is bought and sold. This can lead to a lack of emotional attachment between the child and the intended parents, which can have negative psychological consequences.  

Social Issues Surrounding 

Surrogacy is often seen as taboo, and there is a lack of awareness and education about the process. Many people in India view surrogacy as a violation of cultural and religious norms, which can lead to the social stigmatization of the surrogate mother and the intended parents.  

Moreover, surrogacy in India is not accessible to everyone. The high cost of the procedure makes it unaffordable for many people, and the lack of regulation means that the quality of care provided to the surrogate mother and the child may not be up to international standards.


Surrogacy in India is a complex issue that involves legal, ethical, and social considerations. While it provides a way for couples struggling with infertility or same-sex couples to start a family, it can also lead to the exploitation of women and the commodification of children. Policymakers must regulate surrogacy in India to protect the rights of the surrogate mother and the child. Education and awareness programs should also be implemented to address the social stigma associated with surrogacy. By addressing these issues, we can ensure that surrogacy in India is a safe and ethical practice that benefits everyone involved 

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