Title: Exploring legal framework of surrogacy at international and domestic level – is it consistent with right to health and privacy under Article 21 of the Indian Constitution?

Authors: Varalika S. Parashar; Ankita Nirwani

Addresses: Faculty of Law, Oriental University, Indore, M.P., India ' Faculty of Law, Oriental University, Indore, M.P., India

Abstract: India is a stronghold for surrogacy, where a woman carries and delivers a child for another couple. Due to lower expenses and English competence, commercial surrogacy, known as 'Womb for Rent', thrives. Both assisted reproductive technology (ART) and surrogacy are protected under Articles 19(1)(a) and 21 of the constitution. The freedom to choose whether to have children is a matter of personal liberty and private property. Surrogacy, like prostitution, raises ethical concerns, such as the dehumanisation and exploitation of the surrogate mother. However, infertile couples find hope in surrogacy, a legally binding relationship between a surrogate and intending parents. Stringent Indian surrogacy regulations ensure legitimate surrogate children and protect all parties involved. Constitutional principles face threats from discrimination and legislative voids. International comparisons can help improve India's surrogacy policy. With proper rules and informed discussion, surrogacy can uphold reproductive rights, individual autonomy, and dignity according to international and constitutional norms.

Keywords: surrogacy; assisted reproductive technology; reproductive choice; Article 21.

DOI: 10.1504/IJHRCS.2026.152887

International Journal of Human Rights and Constitutional Studies, 2026 Vol.13 No.2, pp.147 - 162

Received: 07 Apr 2024
Accepted: 19 Jun 2024
Published online: 14 Apr 2026 *

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