Yes, the state must intervene to prevent the exploitation of poor Indian women who are enticed or coerced into surrogacy, as well as to protect the rights of surrogate children. However, it should also be empathetic to individuals with alternative lifestyles who are well within their legal and human rights to demand access to surrogacy services.

By limiting access to surrogacy based on flimsy and exclusionary criteria, the government may just give rise to a mushrooming black market.

The government must adopt a rights-based approach that speaks to the needs and aspirations of surrogate mothers, children born out of surrogacy, and all individuals who want access to altruistic surrogacy services.

Kapil Sibal Quotes