ABSTRACT
The Surrogacy Act, 2021 is an extensive reform of the prevailing surrogacy legislation and other related regulations in India, introducing critical modifications such as exclusionary criteria which restricts access to services relating to surrogacy. The aim of such restrictions is to avert economic abuse and safeguard the rights of surrogates and children. They also pose questions on social equality and inclusiveness. This paper critically investigates the societal impacts of exclusions, focusing on the most affected underprivileged groups and the ones who are outside the traditional family systems. This paper tends to examine the rationale for these provisions and the broader impact of it on societal perspectives and familial norms. Although the Act aims to be protective, its execution may unintentionally sustain bias and intensify socio-economic inequalities. This paper promotes a comprehensive strategy and corresponding amendments to provide fairness and respect for all parties involved in surrogacy. It advocates for a more comprehensive and holistic framework for surrogacy law that blends protection with the imperative for equitable access.
