The Future of Same-Sex Surrogacy in India: Prospects and Challenges

by Become Parents ‘Become Parents’ is a leading Surrogacy Agency bas

The concept of family building through surrogacy has been getting all the attention globally. Still, when it comes to surrogacy in India, there is a lot of work to be done. While the legal prohibition is one barrier, the rising social protest and other factors also come into play. In the following sections of this article, we will talk about the future course of surrogacy in India with the help of some real-time examples.

Gay Surrogacy in India: Analyzing the existing legal structure

Currently, surrogacy laws in India are strict, especially for same-sex couples. Also, the Surrogacy (Regulation) Act, passed in 2021, only facilitates the altruistic surrogacy for hetero couples. On top of that, these couples should be married for at least five years and should not have kids in prior. Moreover, this enactment as of now bars same-sex couples, single couples, and single people from seeking surrogacy in India.

Increasing social acceptance

India's societal structure is complex and profoundly established in its roots. That said, Same-sex relationships have recently started to pick up broader acknowledgment, going by the decriminalization of homosexuality in 2018. Moreover, the number of people accepting same sex surrogacy in India is rising and that comes as a glimmer of hope for many.

Real-Time example:

Supreme Court of India decriminalizes same sex relationships in 2018 by striking down Section 377 of the Indian Penal Code. This, along with many other reforms comes a fresh breath of air for the same sex community in India.

Common Barriers for Same-Sex Surrogacy in India

The biggest challenge as of now for gay surrogacy is the legal system of India, which as of now does not recognize the rights of same sex couples. On the other hand, the communities and the societies are not in the favor of such types of relationships. So, even when the legal authorities would like to do it, they may not be able to, given undue pressure from the same communities.

At the same time, social opinion towards same-sex connections and parenthood is a big obstacle. This is mainly because of the traditional roots of Indian culture that doesn’t approve same sex relationships. So, a bigger work needs to be done in that aspect

Moreover, setting up clear medical prospects for same-sex surrogacy in India is highly important. That said, this would help the authorities in taking care of the surrogate's rights and welfare. Besides, one needs to stay assured of the services provided by the surrogacy center in India.

What could be the future prospects in the same context?

While looking forward, the following aspects needs to be looked into for gay surrogacy in India:

·         With more reforms in legal regulations and growing acceptance of LGBTQ+ rights, you can witness future legal changes that may include same-sex couples into the legal system

·         Also, with more countries around the world legalizing same-sex surrogacy, India may also follow the lead, particularly given its past stature as a global surrogacy destination.

·         On the other hand, promotion and activism related to LGBTQ+ groups and partners will play a key role in changing this perception for the same sex couples across the globe.

·         Moreover, activists and organizations are still working towards raising awareness and drive for legal changes, in the favor of same sex communities.

What could be the benefits of such reforms regarding Gay Surrogacy in India?

Legalizing same-sex surrogacy in India may come along with the following benefits:

·         It would be an important step towards approving LGBTQ+ community, while giving them the same rights to parenthood as other couples and individuals

·         It may also bring around certain viewpoints of the surrogacy industry in India, with proper control and ethical practice in place. Moreover, there are certain surrogacy center in India that will offer ethical services to more same sex couples in the country.

·         On the other hand, legalizing the same procedure will also help in changing the social perception towards surrogacy.

What needs to change in terms of same sex surrogacy in India?

For future reforms in the same-sex surrogacy in India to become reality, a few things should need to change, including:

The Surrogacy (Regulation) Act needs to change and must include same-sex couples and their rights. At the same time, the surrogacy cost in India for the same sex surrogacy should also be regulated. That way, many couples would be able to seek parenthood he easy way.

There must be efforts to normalize the same sex relationships in the country. This way, the overall social viewpoint regarding surrogacy may change.

Clear rules and systems should be brought up to secure the rights of all parties included within the surrogacy procedure. Moreover, a forum should be set up to decide on the surrogacy cost in India

Final words

The future for same-sex surrogacy in India is certainly doubtful given the types and number of challenges upfront. Whereas the current legal system is prohibitive, the developing acknowledgment of LGBTQ+ rights and the impact of worldwide patterns give a glint of trust for future conceivable outcomes. Still, the journey towards legalizing same-sex surrogacy in India is without a doubt challenging, but with tireless endeavors and changing societal demeanors, it's a path that holds guarantee for a more comprehensive and impartial future.

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Created on Nov 20th 2023 02:55. Viewed 93 times.

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