The New Surrogacy Bill 2016: Is exclusion the only form of effective regulation?

In this paper we discuss some of the features of the New Surrogacy (Regulation) Bill 2016 in India and ask whether the extreme step of a complete ban on commercial surrogacy is an appropriate response to the underlying issue of exploitation of surrogate mothers and children. The paper asserts that the negative externality associated with commercial surrogacy is low. Appropriate regulations can ensure that the rights of surrogate mothers are protected and both the parties to the process are equipped to understand the consequences of their choices. The non-availability of even altruistic surrogacy for certain groups of people has been criticized.