Reproductive Autonomy versus State Paternalism: The Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021 (SRA) represents a landmark, if contested, statutory intervention in India’s previously unregulated surrogacy industry — once estimated to generate revenues exceeding USD 2 billion annually. While the Act’s prohibition on commercial surrogacy and its institutional oversight framework are defensible regulatory responses to documented exploitation of economically vulnerable women, its eligibility architecture introduces significant constitutional tensions under Articles 14, 15, and 21 of the Constitution of India.