The Hidden Dangers of India's Surrogacy Regulation Act and Its Impact on Women
- BerryBeat Team
- 3 minutes ago
- 4 min read
India was once the world’s leading destination for commercial surrogacy, a booming $400 million industry spread across 3,000 fertility clinics. Foreign couples found affordable surrogacy packages here, paying just a fraction of what they would in the UK or the US. Women from rural, low-income backgrounds carried pregnancies for urban middle-class and international parents, earning sums that could transform their families’ lives. Yet, this industry was riddled with serious problems: maternal deaths, custody battles, abandoned children, and human trafficking. The 2021 Surrogacy (Regulation) Act aimed to fix these issues by banning commercial surrogacy and allowing only altruistic surrogacy, where no payment beyond medical expenses is permitted.
But the new surrogacy law India 2025 framework has created risks that may be more harmful than the problems it sought to solve. This post explores how the India surrogacy ban 2021 has shifted exploitation underground, increased coercion risks, and left surrogate women vulnerable in new ways.
The Shift from Commercial to Altruistic Surrogacy and Its Consequences
Before the Surrogacy Regulation Act India came into force, commercial surrogacy was a lucrative option for many women in poor rural areas. Surrogates could earn between ₹3-4 lakh per pregnancy, a significant income that helped support their families. The Act banned this commercial model, permitting only altruistic surrogacy. This means the surrogate must be a close relative of the intended parents, married, aged 25-35, and have at least one biological child. Payment beyond medical expenses is forbidden, but the law leaves the definition of "medical expenses" vague.
This vagueness has created a grey market where commercial surrogacy underground India continues under the guise of reimbursements. Clinics have indicated they will keep operating despite the ban, and neighboring countries like Bangladesh and Cambodia report rising demand from foreign intended parents priced out of India.
The law’s restrictions also limit surrogacy to a single occurrence per surrogate, further reducing opportunities for women who relied on this income. This shift has not eliminated exploitation but changed its form.
How the Surrogacy Regulation Act India Enables New Forms of Exploitation
The Surrogacy Regulation Act India 2025 frames altruistic surrogacy as an act of selfless love. Yet, in a deeply patriarchal society, this ideal often masks coercion. When the surrogate must be a close relative, family pressure can replace financial incentive. Women may feel compelled to carry pregnancies not out of choice but obligation.
The Sama collective, a Delhi-based women’s health group, warned that altruistic surrogacy coercion could increase in such a context. Without clear safeguards, women risk being exploited emotionally and socially. The removal of payment does not remove power imbalances; it only removes the paper trail, making abuses harder to detect and address.
Surrogate women exploitation India now happens in more hidden ways. Women who once openly earned money for surrogacy now face criminal prosecution if they demand payment. This legal threat adds to their vulnerability.
The Impact on Surrogate Women and Their Families
For many surrogate women, the surrogacy law India 2025 has meant a loss of financial independence. The ₹3-4 lakh they once earned was often described as “big money” for poor families. Now, with payments banned, women must rely on vague reimbursements or family support.
This shift also affects the surrogate’s health and well-being. Without clear regulations on medical expenses, clinics may cut corners, risking the surrogate’s safety. The lack of formal contracts and payments can leave women without legal protections if complications arise.
Custody disputes and abandoned children remain concerns. The law’s focus on altruism does not address what happens if the intended parents refuse to take custody or if the surrogate changes her mind. These unresolved issues continue to put women and children at risk.
The Rise of Underground Markets and Cross-Border Surrogacy
The India surrogacy ban 2021 has pushed many intended parents and clinics into underground markets. Commercial surrogacy underground India thrives in secrecy, with little oversight or accountability. This underground economy increases risks for surrogate women, who may have no legal recourse if exploited.
Foreign intended parents, unable to access affordable surrogacy in India, turn to neighboring countries like Bangladesh and Cambodia. These countries report rising demand but often lack robust legal frameworks to protect surrogate women. This shift spreads the problem rather than solving it.
The underground nature of these markets also makes it harder for advocates and policymakers to monitor conditions and push for reforms.
What Needs to Change to Protect Surrogate Women in India
The Surrogacy Regulation Act India 2025 was meant to protect women and children from exploitation. Instead, it has created new challenges that require urgent attention:
Clear definitions of medical expenses to prevent misuse and ensure surrogate health care.
Legal protections for surrogate women including rights to safety, informed consent, and fair treatment.
Support systems for surrogate women facing family pressure or coercion, including counseling and legal aid.
Transparent monitoring of surrogacy clinics to prevent underground commercial surrogacy.
Reconsideration of the close-relative requirement to allow more autonomy for surrogate women.
Cross-border cooperation to regulate surrogacy demand and protect women in neighboring countries.
Women’s rights advocates and policymakers must work together to create a framework that respects surrogate women’s dignity, choice, and safety.
The India surrogacy ban 2021 has not ended exploitation; it has shifted it into less visible, more dangerous forms. The Surrogacy Regulation Act India’s focus on altruism in a patriarchal society risks coercion and criminalizes women who once found financial independence through surrogacy. Without clear protections and enforcement, surrogate women exploitation India will continue underground, harming the very people the law intended to protect.
