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VOL. 11, ISSUE 7 (2025)
A critical analysis of The Surrogacy (Regulation) and The Assisted Reproductive Technology (Regulation) Act 2021 of India:- In special reference to women right of reproduction
Authors
Kirtipal Singh Kabawat, Dr. Govind Singh Rajpurohi
Abstract
Parliament of India in the year 2021 passed
The Surrogacy (Regulation) Act 2021 and The Assisted Reproductive Technology
(Regulation) Act 2021, both of which came into force on 25th January 2022.
Before these enactments there was no law governing the surrogacy practise. Although
several attempts were made by our parliament in the year 2008, 2010 and 2014 to
draft the aforesaid laws but could not succeed. However, the guidelines issued
by the Indian Council of Medical Research in the year 2005 titled “The National
Guidelines for Accreditation, Supervision and Regulation of ART Clinics in
India” were regulating the surrogacy industry till the new laws came into
force. The law commission on its own took the initiative and submitted the
228th report in the year 2009 suggesting for a strong legislation banning the
commercial surrogacy while allowing the altruistic surrogacy. This research
article discusses in detail the historical development of the new laws and
delve deep into the various provisions of both The Surrogacy (Regulation) Act
2021 and The Assisted Reproductive Technology (Regulation) Act 2021 and
critically examine them in the light of women right of reproduction. Although
the new laws have been enacted after several round of discussions but even
after that, the right of women relating her choice of reproduction have been
curtailed to some extent. Apart from crtically examining both the laws, the
researcher in the conclusion part have suggested the amendments in the present
laws in order to achieve every women (irrespective of age, status etc) her
right of reproduction.
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Pages:45-47
How to cite this article:
Kirtipal Singh Kabawat, Dr. Govind Singh Rajpurohi "A critical analysis of The Surrogacy (Regulation) and The Assisted Reproductive Technology (Regulation) Act 2021 of India:- In special reference to women right of reproduction". International Journal of Law, Vol 11, Issue 7, 2025, Pages 45-47
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