Naeesha Halai
SVKM’s Pravin Gandhi College of Law, Mumbai

India has been a favourite destination for commercial surrogacy. With most of the countries prohibiting commercial surrogacy, India was the ray of hope for the infertile couples. But there were a lot of ethical and social issues that surfaced in countries permitting the same. Be it the ‘Baby Manjhi’ case or the ‘Jan Balaz’ case, a need was felt for strong regulatory framework. The government drafted the ‘Surrogacy Regulation Bill, 2016’ which puts an imperforate ban on surrogacy for single parent, homosexuals, live ins and foreign couples. Some call it a draconian law as it violates the right to reproductive autonomy. Some call it ‘Sanskari Bill’ as it permits altruistic surrogacy by close relative where money does not change hands. Earlier, surrogacy was a philanthropic deed. But with the passage of time, the financial component came in, thereby, making it commercial. India became one of the most bankable destinations in surrogacy related fertility tourism on account of low cost, potential surrogates and absence of a strong legal framework. The research paper discusses the types of surrogacy and lays emphasis on the pros and cons of commercial surrogacy.

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