Surrogacy and In Vitro Fertilization (IVF) are related but distinct reproductive technologies. Surrogacy involves a woman carrying a child for another couple or individual, while IVF is a method of fertilizing an egg outside the body and then transferring it to a uterus for implantation. IVF is often used in conjunction with surrogacy when the intended mother is unable to carry a pregnancy to term. In India, surrogacy is considered altruistic when the surrogate offers to carry the child of the commissioning couple in her womb without payment, while commercialization of surrogacy is banned. The cost of surrogacy in India varies widely, ranging from INR 15,00,000 to INR 25,00,000, depending on factors such as the surrogate mother's compensation, medical care, and legal fees. The process involves the commissioning couple approaching a government medical board for eligibility certification, followed by a court order allowing the surrogacy arrangement. Surrogacy in India is regulated by the Surrogacy Regulation Act, 2021, which aims to protect the rights and health of all parties involved.

As of December 25, 2021, the Surrogacy Regulation Bill was sanctioned by the President of India, and subsequently, on January 25, 2022, the Surrogacy Regulation Act, 2021 was enacted, marking a significant milestone in the realm of surrogacy legislation in India. This legislative development has sparked extensive discourse nationwide, with experts weighing the positive and negative implications of the Act. Notably, this Act stands as a pivotal codified law dedicated to the regulation of surrogacy within the country, a necessity given India's renowned status as a global hub for surrogacy. The absence of comprehensive legislation addressing surrogacy in India until this point was indeed paradoxical, considering its prominent role in the global surrogacy landscape. This discussion aims to scrutinize the intricacies of surrogacy within the Indian context, exploring how India emerged as a leading destination for surrogacy and the evolutionary journey culminating in the Surrogacy Regulation Act, 2021.

Understanding Surrogacy:
Derived from the Latin term "Surrogatus," meaning a substitute, surrogacy entails a woman assuming the role of a surrogate mother, carrying and delivering a child for another individual or couple. Legally, surrogacy involves a contractual arrangement wherein the surrogate agrees to conceive and bear a child through artificial insemination or embryo transfer, subsequently relinquishing parental rights post-birth. The nuances of surrogacy vary, encompassing traditional surrogacy, wherein the surrogate's egg is used, and gestational surrogacy, utilizing the intended mother's egg. The latter, gestational surrogacy, predominates contemporary practices, ensuring a biological connection between the child and the intended parents.

Motivations and Circumstances:
Numerous factors drive individuals or couples towards surrogacy, primarily rooted in medical exigencies such as infertility or health complications rendering natural conception unfeasible or perilous. Additionally, surrogacy extends as a viable avenue for same-sex couples or single parents desiring biological parenthood. Termed as contract pregnancy, surrogacy entails a contractual agreement delineating rights and obligations between the involved parties, often tailored to specific circumstances.

Types of Surrogacy:
Surrogacy delineates into two primary categories: traditional and gestational. Traditional surrogacy involves the surrogate mother's genetic contribution, whereas gestational surrogacy relies on assisted reproductive technologies to implant an embryo created from the intended parents' genetic material into the surrogate's womb, ensuring no genetic relationship with the surrogate.

Benefits and Ethical Considerations:
Surrogacy presents a ray of hope for aspiring parents grappling with infertility, offering a pathway to biological parenthood. Technological advancements, particularly in gestational surrogacy, foster a direct genetic connection between parents and child, mitigating concerns associated with traditional surrogacy. Moreover, stringent health screenings ensure the well-being of both surrogate and child throughout the process.

Exploitation and Regulatory Imperatives:
Despite its merits, surrogacy has encountered ethical dilemmas, notably stemming from commercial surrogacy practices. India's erstwhile status as a surrogacy hub witnessed a surge in commercial surrogacy driven by economic factors and lax regulatory frameworks, exposing vulnerable surrogate mothers to exploitation. The absence of stringent regulations facilitated unethical practices, necessitating legislative intervention to safeguard the rights and well-being of all stakeholders.

Evolution of Surrogacy Laws in India:
India's legislative trajectory concerning surrogacy underscores a gradual shift towards regulation and oversight. Initial guidelines laid down by the Indian Council of Medical Research set the groundwork, albeit lacking legislative backing. Subsequent bills such as the Assisted Reproductive Technology Regulation Bill of 2008 and its iterations attempted to govern surrogacy contracts, albeit with limitations and critiques. The Surrogacy Regulation Bills of 2016 and 2019 aimed at curbing commercial surrogacy and promoting altruistic surrogacy, albeit with contentious provisions. The culmination of these efforts materialized in the Surrogacy Regulation Act, 2021, ushering in a regulated framework governing surrogacy practices in India.

Conclusion:
The Surrogacy Regulation Act, 2021 signifies a milestone in India's journey towards regulating surrogacy, addressing ethical concerns and aligning with constitutional imperatives. While commendable, the Act warrants scrutiny regarding certain exclusions and provisions, particularly pertaining to LGBTQ+ individuals and single parents. Moreover, the complete prohibition of commercial surrogacy necessitates a balanced approach, considering the socio-economic realities of surrogate mothers. Moving forward, concerted efforts towards refining and augmenting the regulatory framework are imperative to ensure ethical surrogacy practices while upholding individual rights and dignity.