New Laws in India Regulate Assisted Reproduction and Surrogacy
Following years of advocacy by the Center for Reproductive Rights and partners, two new laws regulating assisted reproduction and surrogacy in India took effect in January. The Surrogacy Act and the Assisted Reproductive Technology Act (“ART Act”) include myriad provisions establishing criteria for legal surrogacy and assisted reproduction technology (ART), as well as enumerating a comprehensive set of rights protecting children born through ART.
While the laws, passed in 2021, incorporate several recommendations made by the Center and its partners, advocates have identified significant gaps created by the laws that necessitate further advocacy and policy change.
“After decades of attempts at legally regulating surrogacy and assisted reproductive technology, we now have two laws that govern and set standards for surrogacy and ART. While some provisions are clear improvements, there are concerns that both laws are not framed within a rights-based-model and restrict access for many,” said Brototi Dutta, Advocacy Adviser for Asia at the Center for Reproductive Rights.