Advances in Consumer Research
Issue:6 : 1913-1919
Original Article
A Global Comparative Analysis Of Surrogacy Laws: Critical Evaluation Of India's Legal System And Roadmap For Reform
 ,
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

This abstract presents a concise synthesis of a study on surrogacy law with India as the focal case . It traces assisted reproduction from a period of loose clinical practice to a regime of formal oversight and assesses legal, social and constitutional consequences. The research compares the Indian framework with models in the United Kingdom, the United States, Australia and China to reveal common aims and important differences. Two policy goals recur across jurisdictions. One is protecting the welfare of children and carriers. The other is preventing exploitation while respecting reproductive choice. The paper highlights how India now relies on a tightly prescriptive statutory architecture that emphasizes registration and oversight and allows only altruistic gestational arrangements for narrowly defined intending parents. That design reduces some market risks yet also restricts access and risks pushing demand into informal channels. Comparative examples show that systems which combine clear registration, rigorous medical oversight and accessible legal routes to parentage tend to reduce uncertainty for all parties. The study also examines constitutional questions arising from categorical exclusions based on marital status, sexual orientation, age and nationality and finds tension between statutory limits and principles of privacy and equality. Finally the paper offers practical recommendations. Lawmakers should aim for a proportional balance between safeguarding vulnerable women and enabling fair access to assisted reproduction. Reforms should create enforceable protections for carriers, realistic eligibility criteria and transparent parentage processes so that exploitation is reduced and reproductive choice is respected..

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