Surrogacy in India not just for married heterosexuals

India’s revised surrogacy law does little to meet the needs of its growing LGBTQ+ community.

India’s revised surrogacy law has been praised for outlawing commercial surrogacy, but it has also been criticised for restricting who is eligible to undertake altruistic surrogacy.

Since the Surrogacy (Regulation) Act 2021 came into force in January 2022, domestic commercial surrogacy has been banned. Transnational commercial surrogacy was banned back in 2015.

The Act has been seen as a welcome step in the right direction given the many issues associated with commercial surrogacy, including surrogate-born children being abandoned by their intended parents, the exploitation of surrogate mothers and novel legal issues around parentage and nationality.

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