Over the past decade, various reports have highlighted the migration trends of wealthy Indians. This pre-existing trend has only accelerated due to the pandemic, with the UK becoming a summer home for well-heeled Indians. 

Before the enactment of the Surrogacy Regulation Act, 2021 (Act), surrogacy in India was largely unregulated, leading to the exploitation of underprivileged women, especially by foreign nationals seeking affordable surrogacy which led to the commercialisation of surrogacy in India. In 2009, the Law Commission of India called for a ban on commercial surrogacy. This led to the drafting of the Surrogacy (Regulation) Bill in 2016, which aimed to ban commercial surrogacy, regulate clinics, and ensure ethical practices.

This blog is in continuation to the previous blog on Surrogacy Regulation Act, 2021 – A step forward or a step back? (PART I)