Introduction

Becoming a parent is a deeply personal journey, often marked by immense hope, emotional resilience, and at times, formidable legal and societal barriers. For many Indian couples, both residents and those living abroad, surrogacy offers a critical pathway to parenthood. However, the legal framework governing surrogacy in India, while designed to prevent exploitation, remains narrowly constructed and exclusionary.

The Surrogacy (Regulation) Act, 2021 specifies that surrogacy is allowed only for married Indian couples who have been married for at least five years and are infertile. It excludes single individuals, LGBTQ+ persons, and critically, Non-Resident Indians (NRIs), and Overseas Citizens of India (OCIs). Additionally, Indian law prohibits commercial surrogacy, allowi

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