Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 3

Secondary Surrogacy: Conflict Between Reproductive Autonomy and Bodily Autonomy

Dr. S. Mano
Assistant Professor, Government Law College, Chengalpattu, State of Tamil Nadu

Dr. S. Arockiam
Assistant Professor, Chennai Dr.Ambedkar Government Law College, Pudupakkam, State of Tamil Nadu

Abstract

Motherhood is a cherished bond and overwhelmed in our Indian culture. But the poor women are exploited in our country by unregulated surrogacy before 2021. The Surrogacy (Regulation) Act, 2021 was enacted to regulate the surrogacy by imposing various restrictions and prohibitions. Altruistic surrogacy can be opted by couples with proven infertility but commercial surrogacy is totally prohibited. Nevertheless, Altruistic surrogacy is regulated by limitations imposed under the law. One of such limitation is prescribed under Section 4 (iii) (C) (II) of the Act which is restricting secondary surrogacy is challenged before the Supreme Court as it violates the reproductive autonomy of intending couples. As the same time the law concerns the bodily autonomy of a surrogate mother which is legally reasonable and genuine. Countries like Russia, Ukraine, Georgia Columbia and certain states of United States are allowing Commercial surrogacy but countries like France, Italy and Japan are totally prohibiting surrogacy altogether. India permits the surrogacy with limitations. This paper focusses on the limitations of Indian surrogacy law and compare it with other countries laws.

Keywords

Secondary surrogacy, Altruistic surrogacy, Reproductive Autonomy, Bodily Autonomy, Limitations

1. Introduction

Surrogacy practice was prevailed among the people even before common era and its references are scattered in many ancient texts. In modern age the surrogacy is considered as an essential practice for many couples due to increasing infertility issues. As a most populated and developing country of the world it is vital for India to protect the poor women from the vulnerabilities of unregulated Surrogacy. The Surrogacy (Regulation) Act, 2021 was enacted to regulate the practice and process of surrogacy by constituting the National and State Assisted Reproductive Technology and Surrogacy Boards. This Act made drastic changes and prohibitions to unethical and illegal surrogacy practices prevailed in the country by imposing various restrictions and proscriptions. The secondary surrogacy which is restricted under the Act is recently challenged before the supreme Court. This paper focusses on the limitations of Surrogacy Act and their implications.