Advances in Consumer Research
Issue 4 : 5612-5618
Original Article
Surrogate Motherhood: Legal Framework, Emotional Experiences, Issues, Ethical Challenges And New Options For Parenting A Critical Analysis
 ,
1
Research Scholar, School of Law, IFTM University Moradabad, Uttar Pradesh, India.
2
Assistant Professor, School of Law, IFTM University Moradabad, Uttar Pradesh, India
Abstract

Surrogacy is often spoken of as a hopeful answer for couples who cannot conceive, yet the reality behind it is far more layered, shaped by law, personal emotions, and ethical dilemmas. For many years, India was a global hub for surrogacy, welcoming both domestic and foreign intended parents. That position changed sharply with the enactment of the Surrogacy (Regulation) Act, 2021, which restricts surrogacy to unpaid arrangements and limits it largely to close relatives. While the law seeks to prevent exploitation, it has also left many aspiring parents uncertain about their options and has drawn attention to the emotional experiences of surrogate women themselves. This paper examines how the 2021 law reshaped eligibility for surrogacy in India and the reasoning behind these restrictions. Using court observations, media reports, and academic writing, it highlights the tensions created by the current framework. Many surrogate mothers speak of a deep sense of fulfilment in helping another family, but they also describe emotional strain, particularly after childbirth, when psychological support is often absent. Studies indicate that anxiety and depression are not uncommon among surrogates once the pregnancy ends. At the same time, the law has faced criticism for being too rigid. Single individuals and same-sex couples are excluded, and strict conditions relating to age and marital status have narrowed access even further. Recent legal discussions and public commentary suggest that a more flexible approach may be needed in deserving cases. The paper also considers alternative paths such as adoption, advances in reproductive technology, and the possibility of carefully regulated compensated surrogacy. Overall, it seeks to move beyond legal provisions to reflect the human realities of surrogacy, and to explore how future reforms might better protect both children’s interests and the dignity and rights of surrogate mothers

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