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2026
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| Online Access: | https://doi.org/10.5281/zenodo.18924647 |
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| author | Madhumitha Gopinath |
| author_facet | Madhumitha Gopinath |
| contents | <div> <div>Surrogacy has become one of the most controversial reproductive practices in India that involves legal, ethical, and social aspects. In the past, India was a center of commercial surrogacy that brought foreign concerns causing exploitation, lack of autonomy and human rights. With the adoption of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, the attitudes towards altruistic surrogacy have shifted towards a regulated framework. Although the bill is designed to defend surrogate mothers and the would-be parents, it has brought controversy on the idea of reproductive autonomy, the exclusion of single individuals and LGBTQ, and practical implementation issues. This Research paper will scrutinize and examine landmark rulings, the law of the land and the practices of other countries in the same regard to determine whether the surrogacy laws we have are satisfactory in India to balance rights, ethics and the societal issues at hand. The analysis of the doctrine and the insights of observation through the study will help to determine the gaps, discuss the constitutional implications and suggest the recommendations on how to approach surrogacy more inclusively and rights-oriented in India.</div> </div> <div> </div> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18924647 |
| institution | Zenodo |
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| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Bridging Legal and Implementation Gaps in India's Surrogacy Framework: Challenges and Reform Pathways Madhumitha Gopinath <div> <div>Surrogacy has become one of the most controversial reproductive practices in India that involves legal, ethical, and social aspects. In the past, India was a center of commercial surrogacy that brought foreign concerns causing exploitation, lack of autonomy and human rights. With the adoption of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, the attitudes towards altruistic surrogacy have shifted towards a regulated framework. Although the bill is designed to defend surrogate mothers and the would-be parents, it has brought controversy on the idea of reproductive autonomy, the exclusion of single individuals and LGBTQ, and practical implementation issues. This Research paper will scrutinize and examine landmark rulings, the law of the land and the practices of other countries in the same regard to determine whether the surrogacy laws we have are satisfactory in India to balance rights, ethics and the societal issues at hand. The analysis of the doctrine and the insights of observation through the study will help to determine the gaps, discuss the constitutional implications and suggest the recommendations on how to approach surrogacy more inclusively and rights-oriented in India.</div> </div> <div> </div> |
| title | Bridging Legal and Implementation Gaps in India's Surrogacy Framework: Challenges and Reform Pathways |
| url | https://doi.org/10.5281/zenodo.18924647 |