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Abstract

Assisted Reproductive Technology (ART) has been seen as a blessing for couples and individuals who desire to have children and who do not want to adopt. A common technique of ART is surrogacy—the process by which a woman agrees to carry and give birth to another individual’s or couple’s child, often as an act of philanthropy. Because of the costly medical expenses for this process in high-income countries, many clients have sought surrogates in lower-income countries, such as Nepal, Thailand, and India, to lessen the cost. This has contributed to what is known as “surrogacy consumerism,” in which women are paid to be surrogate mothers. In these Global South nations, many women living in poverty have turned to commercial surrogacy in order to survive. India became the most sought-after destination for commercial surrogacy because of its well-established medical infrastructure and the legalization of commercial surrogacy in 2002. However, concerns regarding the potential exploitation of women and children prompted the Indian government to ban commercial surrogacy with the Surrogacy Regulation Act of 2021, which came into force in January 2022. This study explores the multifaceted landscape of surrogacy and its representation in popular culture in India, unravelling the motivations behind its popularity and the challenges associated with its practice. The discussion explores the economic, legal, and cultural factors that contributed to India’s emergence as a hub for surrogacy services between 2002 and 2022. The lower cost of medical procedures, coupled with lax laws, made India an appealing option for international couples facing financial constraints in their pursuit of parenthood. This paper argues that the once altruistic act of surrogacy became a tool for the global elite to exploit and commoditize the womb, motherhood, and Indian women. Apart from discussing the Indian social and legal scenario, this paper analyzes three famous Bollywood movies, Chori Chori Chupke Chupke, Filhaal, and Mimi, in order to discuss their depictions of surrogacy and how films represent the changing societal, cultural, and legal landscape in India.

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