1.Surrogacy Law Reproductive Autonomy (Surrogacy Regulation Act)

What & Where
Surrogacy Act 2021 regulates altruistic surrogacy; bans commercial surrogacy across India
Key process: certificate of infertility, District Medical Board nod, surrogate must be close relative
Restrictive clause: Section 4(iii)(C)(II) bars couples already having a child from availing surrogacy
Quick Facts for MCQs
Legal & Policy
- Supreme Court agreed to test constitutionality of one-child surrogacy bar
- Centre argues surrogacy is statutory right; restriction reasonable for population control
- Commercial surrogacy fully outlawed since 2021 Act
Constitutional Issues
- Petition cites bodily autonomy, privacy, reproductive choice under Article 21
- No national one-child policy; adoption laws permit multiple children, highlighting inconsistency
Implementation Gaps
- Exclusion of single men, same-sex couples, live-in partners narrows access
- Family-only surrogate requirement shrinks pool, risks emotional coercion
Proposed Reforms
- Rationalise eligibility, especially secondary infertility and donor gametes
- Provide counselling, grievance redress, fair expense compensation to protect surrogate mothers
Key Data Points
| Feature | Data-Point |
|---|---|
| Act in force | Surrogacy (Regulation) Act 2021 |
| Permitted model | Only altruistic; no monetary compensation beyond medical expenses |
| Age window ‑ intending husband | 26 – 55 years |
| Age window ‑ intending wife | 25 – 50 years |
| Surrogate eligibility | Married close relative, 25-35 yrs, at least one own child, only one surrogacy |
| Contested clause | Sec 4(iii)(C)(II) ‑ ban after first child |
| Allowed exception | Existing child with disability, incurable disease or life-threatening condition |
| Donor egg rule | Rule 7 prohibits; SC stay granted in MRKH case |
| Latest rule change 2022 | Donor gamete allowed when one spouse medically certified infertile |
| Fundamental-rights claim | Violation of reproductive autonomy under Article 21 |











