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Commercial Surrogacy in India: An Overview

Commercial surrogacy is an arrangement in which a woman agrees to carry a person (s) child and is paid for her services which is beyond medical expenses associated with the pregnancy. It can be gestational as well as genetic. Though it has been supported on the grounds that it helps both the childless couple and the surrogate, it has also been criticized on the grounds that it exploits the surrogates. In the year 2002 commercial surrogacy was legalized in India. With time India emerged as the hub of commercial surrogacy for primarily four reasons. Firstly, low cost. Secondly, world class medical facilities. Thirdly, easily available surrogates and lastly, lenient rules and regulations. With time many cases begun to emerge in which different stakeholders were harassed due to the lack of codified laws. On 19th December 2018, the Indian state passed a bill banning commercial surrogacy. The paper attempts to trace the journey of commercial surrogacy in India.