People have been increasingly choosing surrogacy as a means to experience the bond and affection of a child. Although the practice was more or less unregulated in India before, the last five years have seen a lot of changes revolving around surrogacy. Both the legislature and the judiciary has been actively trying to decipher a balanced approach of surrogacy for India. The authors have tried to understand these changes by looking into these aspects in two dimensions, firstly, by looking into the series of bills passed by the legislature in 2016, 2019, 2020 and the Act of 2021 and secondly, by analyzing the position of judiciary in the last five years. Through these dimensions, the authors have briefly tried to break down crucial aspects and consequences of surrogacy like maternity benefits, other rights of commissioning parents and LGBTQ rights.

Surrogacy, Legislature, Judiciary, Commercial Surrogacy, Maternity Benefit