Queer Parenthood and Surrogacy in India: Parentage, Intersectionality, And Policy Reform in The Post-2021 Landscape

This paper examines the legal, social and institutional barriers faced by LGBTQ+ and single individuals in accessing surrogacy in India, highlighting the gap between formal legal recognition and lived realities. Although constitutional and human rights frameworks affirm equality, dignity and privacy for non-heteronormative families, statutory surrogacy regulations restrict access to legally married heterosexual couples, thereby rendering queer and single parents legally invisible. This creates a paradox of rights expansion versus practical exclusion. The study situates this invisibility within an intersectional framework, showing how caste, class, region and socioeconomic status compound barriers to surrogacy. Upper-class urban couples can navigate legal, medical and administrative channels, including cross-border options, while marginalised, rural or lower-income individuals face systemic exclusion. The paper also explores surrogate women’s experiences, emphasising economic vulnerability, familial pressures and class-based dynamics, which intersect with access to surrogacy and reproduce inequities in reproductive labour. Drawing on comparative insights from South Africa, the United Kingdom and Canada, the study identifies best practices in inclusive statutory language, gender-neutral parental recognition, surrogate welfare safeguards and institutional preparedness. It argues that legal reform alone, without administrative readiness, training, clear protocols and grievance mechanisms, risks symbolic rather than substantive inclusion. Using a doctrinal, socio-legal and comparative methodology, this paper proposes a rights-based, inclusive reproductive justice framework for India. By integrating legal analysis, intersectional barriers, and lessons from other jurisdictions, it outlines practical pathways for reform that ensure equitable access to surrogacy while safeguarding surrogate welfare, emphasising the need for comprehensive policies that address both recognition and protection.