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6 Jus Corpus L.J. 1 (2025-2026)

handle is hein.journals/juscrp6 and id is 1 raw text is: Jus Corpus Law Journal Open Access Law Journal - Copyright © 2025 - ISSN 2582-7820 Editor-in-Chief - Prof. (Dr.) Rhishikesh Dave; Publisher - Ayush Pandey This is an Open Access article distributed under the terms of the Creative Commons Attribution- Non-Commercial-Share Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits unrestricted non-commercial use, distribution, and reproduction in any medium provided the original work is properly cited. Legal and Ethical Perspectives on Commercial Surrogacy in India Ranganayaki Vijayaraghavan' aThe Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai, India Received 25 July 2025; Accepted 25 August 2025; Published 01 September 2025 The Surrogag Regulation Act 2021 defines the term surrogag as a practice whereby one woman bears andgives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth. Surrogay is a relatively new concept in India, and the legal framewaork in this field is still developing. The Surrogay (Regulation) Act, 2021, prohibits commercial surrogay andpermits only altruistic surrogay, which is a form of surrogay withoutany monetary incentives for the surrogate mother. The effects of this ban are widespread, having a significant bearing upon the rights of the surrogate mothers, surrogate children, and parental rights in general. The complete prohibition of commercial surrogag aims to prevent exploitation of surrogate mothers and children, as well as prioritise free and informed consent of allparties involved in the process of surrogay. Consequently, it also restrains the surrogate mother from profiting from the surrogay. This doctrinal research attempts to analyse the manifold ethical and legalperspectives on commercial surrogag in India, nith special reference to the Surrogay (Regulation) Act, 2021. Keywords: surrogay law, commercial surrogagi, women's rights, assisted reproductive technology. INTRODUCTION The Surrogacy (Regulation) Act 2021, defines commercial surrogacy in section 2(g) as commercialisation of surrogacy services or procedures or its component services or component procedures including selling or buying of human embryo or trading in the sale 1