Restricted by surrogacy laws, Indians are going abroad to become parents.

Syllabus: GS-II Subject: Society and Social Justice Topic: Welfare schemes, mechanisms, laws and institutions related to Women and children, Issue: Surrogacy.

Context: Indians are turning to commercial surrogacy abroad due to restrictive laws in India.


  • The Surrogacy Regulation Act of 2021 only allows altruistic surrogacy under specific conditions.
  • Increasing numbers of privileged Indians are opting for surrogacy in the US, Canada, and Latin American countries.

Surrogacy (Regulation) Act, 2021:

  • Objective: Regulation of surrogacy practices and protection of rights for surrogate mothers and children.

Key provisions:

  • Establishment of Boards: The Act sets up
    • National Assisted Reproductive Technology and Surrogacy Board (NATSRB) and
    • State Assisted Reproductive Technology and Surrogacy Boards (StART Boards)
  • Only altruistic surrogacy is allowed, meaning no commercial transactions can take place.
  • Intended couples must be:
    • A legally married Indian man and woman.
    • The woman should be between 25-50 years old and the man between 26-55 years old.
    • Not have any biological, adopted or previously surrogate children.
  • Alternatively, a single Indian woman between 35-45 years old (widow or divorcee) can also avail surrogacy if medically necessary.
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