Criticisms Against Surrogacy Laws In India

1. Surrogacy in the country is legal only for married couples on the Indian nationality and with a straight sexual orientation. It does not extend to couples from outside the country, same sex couples or of any other sexual orientation, couples in a live-in relationship, or couples beyond the required age bracket. Thus, the law is accused of not being equal to all, which the Constitution of India otherwise emphasises on. 2. According to the existing laws, only couples with a certificate to prove their infertility are eligible for surrogacy. This violates the privacy of individuals, going against the right to life under Article 21 of the IPC. 3. Several critics of the surrogacy law argue that reproductive autonomy, that is, right to procreation should be beyond the domain of the State.

4. Critics are also of the opinion that the law encourages patriarchal norms by not taking into consideration that surrogacy can be a source of livelihood for women who choose to take it up as a profession by choice. 5. Surrogacy with monetary benefits being involved in the process restricts the intended couple from finding a surrogate because very few relatives will be comfortable with being a surrogate mother. 6. The punishment of 10 years’ imprisonment and a fine of up to Rs 10 lakh is harsh.