In Focus by The Hindu What does the latest petition before the Supreme Court mean for surrogacy in India?
Nov 18, 2025
Prof. Prabha Kotiswaran, a legal expert in reproductive law, dives deep into the complexities of surrogacy in India. She discusses the recent Supreme Court petition addressing restrictions in the Surrogacy Act, focusing on secondary infertility. The conversation explores constitutional rights, ethical concerns around exploitation, and the challenges of implementing the Act effectively. Kotiswaran advocates for better protections and compensation for surrogates, warning that strict regulations may drive the practice underground.
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Tight Legal Limits On Surrogacy Access
- The Surrogacy Regulation Act (2021) tightly restricts who can be a surrogate and who can commission surrogacy in India.
- It permits only altruistic, gestational surrogacy with narrow age, marital and eligibility rules for both parties.
Reproductive Autonomy Versus Regulatory Caution
- The petition raises whether restrictions on surrogacy limit constitutionally protected reproductive autonomy under Article 21.
- Courts must balance reproductive rights with concerns about misuse and unintended consequences of ART.
Restriction Risks Driving Surrogacy Underground
- Allowing surrogacy in a highly unequal society risks creating exploitative market dynamics.
- Very restrictive laws can push demand underground and harm the most vulnerable women.