International Research Journal of Education and Technology

This study evaluates the intersection of reproductive autonomy and equality within India’s surrogacy framework, focusing on the tension between the Surrogacy (Regulation) Act, 2021 and contemporary constitutional mandates as of 2026. Through a mixed-methods analysis of N=100 stakeholders, the research identifies a significant "social-legal lag," with respondents reporting a mean inclusivity score of only 2.31 and a high perceived impact of eligibility restrictions (mean 3.72) on procreative choice. While the 2024 Amendment Rules provided narrow medical relief regarding donor gametes, the findings underscore that the framework’s heteronormative marital requirements continue to marginalize LGBTQ+ individuals and single citizens. The study concludes that the October 2025 Supreme Court rulings on "decisional autonomy" necessitate a legislative transition from a paternalistic, status-based model toward a rights-based, inclusive framework that aligns with the principles of Articles 14 and 21 of the Indian Constitution.

Keywords: Surrogacy (Regulation) Act 2021, Reproductive Autonomy, Constitutional Morality, Article 21, Inclusivity, LGBTQ+ Rights, Assisted Reproductive Technology (ART).