The Surrogacy (Regulation) Act has been praised for its clarity but criticized for being overly restrictive. Let’s weigh its pros and cons.

Pros

1. Prevention of Exploitation: By banning commercial surrogacy, the law protects poor women from being exploited by middlemen.
2. Legal Clarity: Clear parentage rules mean intending parents don’t face uncertainty over the child’s rights.
3. Health Safeguards: Mandatory insurance and medical screening ensure the surrogate’s well-being.
4. Focus on Altruism: By allowing only altruistic surrogacy, the law emphasizes compassion and removes financial incentives.

Cons

1. Restricted Access: Single men, same-sex couples, and foreigners are excluded, limiting inclusivity.
2. Dependence on altruistic surrogates: Since commercial recruitment is banned, many couples struggle to find eligible surrogates.
3. One-Child Restriction: Couples with even one living child (except in limited cases) cannot pursue surrogacy, which may feel unfair in complex medical situations.
4. Medical Complexity Overlooked: Conditions like repeated IVF failures may not always be recognized by boards, adding bureaucracy.
5. Possible Black Market Risks: Restrictive laws sometimes drive demand underground, creating the very risks they aim to prevent.

The Balanced View

The law has succeeded in setting boundaries and protecting vulnerable women, but in doing so, it has left many genuine cases without recourse. As India refines its ART and surrogacy framework, further amendments may be needed to strike a better balance.