The Surrogacy Regulation Act of 2021: A Right Step Towards an Egalitarian and Inclusive Society?

Cureus. 2023 Apr 20;15(4):e37864. doi: 10.7759/cureus.37864. eCollection 2023 Apr.

Abstract

With the advent of major scientific and technological advancements in obstetrics and gynecology, surrogacy is quickly becoming a viable alternative to enable people of all genders to become parents. However, its path toward reality is still fraught with legal and ethical dilemmas. With the Surrogacy Act of 2021 coming into effect earlier this year, the present article aims to dissect the various legal nuances involved while also considering the societal norms governing the actual scenario at ground zero. Our review discusses the aspects of eligibility criteria, the health implications, the rights of the surrogate mother and the child born, the financial burden, and compensation. We aimed to bring attention to this act and its implications on marginalized segments of society, with an attempt to bring beneficial changes for them. In this review, we provide viable alternatives adopted across the globe to solve the identified issues to make the present act non-discriminatory and more rewarding to all involved beneficiaries.

Keywords: ethical dilemmas; human rights and legal issues of health; society; surrogacy; surrogacy act of 2021.

Publication types

  • Review