Name: Divya Mittal & Divya Khurana
Country: India

Year: 2026
Volume: Volume-11, Issue-1, January-June 2026
Page Number: 162-168
DOI: https://doi.org/10.5281/zenodo.19344461

ABSTRACT
Nature has endowed women with the extraordinary power to reproduce on a daily basis, and every mother cherishes her parenting experience. Unfortunately, due to physiological reasons, a few ladies will be unable to have their own children. Surrogacy seemed to be the best choice for them to become parents. The gestational carrier is the surrogate mother, and surrogacy is a contract between a woman and a couple or an individual to carry and deliver a kid. Despite the numerous laws enacted to protect
surrogate mother interests, the reality is that the efforts made thus far to ensure surrogate mother protection have been few curative drops in the ocean of surrogate mother misery, and the vast majority of people are unaware that they have been protected as surrogate mothers by a plethora of laws. In this context, it's important to grasp current surrogacy practices and rules, if any, as well as the plethora of
challenges that come with the practice, such as social, legal, medical, and psychological problems. Surrogates can only be in charge if they use their legal rights to do so. The goal of this study is to comprehend the legal difficulties surrounding surrogacy in modern India, while also taking into account surrogates' current conditions and reality. India now has a new surrogate protection system, according to the enactment of the Surrogacy (Regulation) Act, 2021. The new law strengthens surrogate protection and expands the number of options available, but it is not without flaws. In terms of public perception, surrogacy is still in its early stages. To overcome the
multiple obstacles, comprehensive legislation on the issue requires the legislature's active engagement. The goal of this research project is to address legal concerns surrounding surrogacy, give information about surrogate rights, and provide ideas for bolstering surrogate rights by adopting new solutions to current problems. As a consequence, we have a better understanding of surrogacy protection in India
and can evaluate the new legislation objectively. The goals of this research article are to show judicial tendencies that favour surrogate protection, the growth of legislation in India, and, finally, some recommendations for raising knowledge about surrogate protection laws.

Keywords: Surrogacy (Regulation) Act, Surrogacy Protection, Awareness, Rights of Surrogates