The Surrogacy (Regulation) Act, banning commercial surrogacy, was passed in 2021 amid stiff opposition from activists, lawyers and women’s rights groups, who pointed out the gendered notions of femininity and motherhood used to frame the Act, particularly with regard to financial compensation.
Gita Aravamudan, the author of Baby Makers: The Story of Indian Surrogacy, highlights how India was once a thriving hub for fertility treatment and surrogacy.
“Women were willing surrogates if this earned them money. And why not? Most of the surrogates used the money to support families, educate children and even build small houses. The 2021 act wasn’t made keeping in mind a woman’s perspective,” Gita tells TNM.
“The new law doesn’t tackle many of the root problems and focuses instead on doing away with commercial surrogacy. While regulation was necessary because many couples were cheated by illegal clinics and unscrupulous agents, this is exactly what the Act has not been able to stop because it has not been properly thought through,” she adds.
