Introduction

Surrogacy in India has sparked intense debate at the intersection of ethics, economy, gender, and public policy. While hailed as a miracle of reproductive technology, it also raises critical questions about reproductive rights, bodily autonomy, and the commercialization of women’s bodies. In the backdrop of the Surrogacy (Regulation) Act, 2021, the issue becomes especially significant for UPSC aspirants under Sociology and GS Paper II & IV.

What Is Surrogacy?

Surrogacy is a method of assisted reproduction where a woman carries a pregnancy for intended parents. It can be:

Altruistic Surrogacy – No financial compensation; permitted under Indian law.

Commercial Surrogacy – Involves monetary payment; banned in India since 2015.

Legal Landscape in India

• Surrogacy (Regulation) Act, 2021

• Permits only altruistic surrogacy.

• Restricts surrogacy to married Indian couples with medical infertility.

• Excludes single parents, LGBTQ+ individuals, and foreigners, raising concerns about discrimination.

• Issues with the Law

• Reinforces patriarchal norms.

• Limits women’s reproductive autonomy.

• Lacks comprehensive protection for surrogate mothers.

Sociological Analysis

• Michel Foucault’s concept of biopower is crucial in understanding how the state and medical institutions regulate women’s reproductive capacities. In the context of surrogacy, Foucault’s idea explains how policies such as the Surrogacy (Regulation) Act, 2021 represent the state’s power over the biological functioning of the body — particularly the womb. By determining who is eligible to become a surrogate and who can access surrogacy services, the state exerts control over private reproductive decisions, transforming them into public, governable matters. This reflects how the female body becomes a site for state surveillance, discipline, and regulation — aligning with Foucault’s broader notion of bio-politics.

• From a Marxist perspective, as advocated by Karl Marx, surrogacy symbolizes the commodification of human labor and the class-based exploitation that thrives in a capitalist framework. In commercial surrogacy, especially before its ban in India, poor women often “rented” their wombs to wealthy clients, with little control over the process. The surrogate’s labor (gestation) was alienated, and the resulting child — the ‘product’ — was handed over to the commissioning parents, showcasing the separation between labor and ownership. This mirrors Marx’s theory of how capitalism reduces human beings to instruments of production, reinforcing class inequality where the reproductive labor of marginalized women becomes a market commodity.

• Emile Durkheim’s analysis of changing social norms provides insight into how surrogacy disrupts traditional understandings of motherhood and family. In modern societies, Durkheim observed a shift from mechanical to organic solidarity, where individual roles become specialized. Surrogacy exemplifies this — where the roles of biological mother, gestational carrier, and nurturing parent may be divided among different individuals. This fragmentation of maternal roles leads to a state of normlessness or anomie, as the established meanings of kinship and parenthood are challenged. The institution of the family, once grounded in clear biological ties, is now being redefined, generating ethical dilemmas and legal ambiguities.

• Ann Oakley’s feminist analysis is highly relevant in critiquing the gendered division of reproductive labor. She emphasized those women’s reproductive roles — such as childbirth, childcare, and domestic responsibilities — are often undervalued in patriarchal societies. In the case of surrogacy, this gendered labor is not only invisibilized but also exploited. The surrogate, usually from a disadvantaged background, undertakes the most emotionally and physically taxing aspect of reproduction, yet her contribution is often dismissed after delivery. Even in so-called “altruistic surrogacy,” women are expected to give up their bodily autonomy in the name of morality and family values, reinforcing structural gender inequality.

Ethical and Economic Dimensions

• Reproductive Tourism and Exploitation: Before the commercial ban, India was a hub for reproductive tourism. This created an unregulated industry where poor women were vulnerable to exploitation, often lacking legal protection or post-natal support.

• Commodification of the Womb: Turning pregnancy into a service blurs lines between care and commerce. When the womb is viewed as a transactional space, it raises questions about human dignity, ethics, and consent.

Reproductive Rights and Women’s Autonomy

Reproductive rights are human rights that encompass the right to decide freely about reproduction, including access to safe reproductive technologies. However, the debate becomes complex when poverty, patriarchy, and lack of education coerce women into surrogacy, raising questions about informed consent and bodily autonomy.

In the Indian context, reproductive rights are often subsumed under familial, religious, and societal expectations, limiting women’s agency.

Current Affairs Linkage 

• The Surrogacy (Regulation) Act, 2021 prohibits commercial surrogacy and allows only altruistic surrogacy.

• The law mandates that only married Indian couples with proven infertility can avail it, excluding single parents, LGBTQ+ couples, and NRIs, sparking debate on reproductive justice and inclusivity.

Conclusion

Surrogacy offers a fascinating case study for analyzing the intersection of gender, law, economy, and ethics. A balanced regulatory framework must protect surrogate mothers from exploitation without curbing their autonomy. UPSC aspirants must approach this issue not just as a legal development, but as a window into deep-rooted structural inequalities and emerging social changes in India.

PYQs

Paper 1: 

• Discuss the implications of Michel Foucault’s concept of biopower in the control over human bodies. (2022)

• Discuss how globalization has affected women’s bodies and reproductive labor in modern societies. (2021)

• Explain how the concept of alienation is relevant in understanding the experiences of women engaged in reproductive labor. (2020)

• Examine the relationship between patriarchy and reproductive rights. (2019)

• How does the commodification of human body challenge the ethics of modern society? (2017)

• Examine Emile Durkheim’s view on family and marriage in the context of changing reproductive technologies. (2016)

• Critically examine the feminist perspectives on the division of labor in domestic and reproductive work. (2015)

Paper 2: 

• Assess the implications of banning commercial surrogacy on the socio-economic rights of poor women. (2023)

• Discuss the role of state and market in shaping gender relations in contemporary India. (2022)

• Evaluate the impact of the Surrogacy (Regulation) Bill on women’s reproductive rights in India. (2021)

• How do social legislations aimed at gender justice challenge existing patriarchy in India? (2020)

• Critically examine the ethical and legal issues involved in surrogacy in India. (2019)

• Discuss how reproductive technologies have changed the structure of Indian family and motherhood. (2018)

• Examine the implications of assisted reproductive technologies on Indian kinship and family structures. (2017)

• Explain how commercialization of reproduction has impacted the status of women in India. (2016)