International Journal of Drug Delivery Technology
Volume 16, Issue 7s, 2026

Examining Bodies, Drugs, and Dignity: Medical and Psychological Dimensions of Surrogacy and ART for Transgender Community in India

Moumala Bhattacharjee1, Souvik Chatterji2, Indranil Banerjee3, Samrat Samaddar4

1Juridical Sciences, JIS University, India

2Juridical Sciences, JIS University, India

3English, JIS University, India

4Juridical Sciences, JIS University, India


ABSTRACT

In recent years, India's reproductive law has undergone fundamental transformation through the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act). These legislative developments propose mechanisms for regulating fertility services, ensuring ethical conduct of clinics and protection of surrogate mothers, while attempting to define eligibility criteria for intended parents. However, these laws also create legal, social, and constitutional challenges—particularly regarding access for transgender persons, LGBTQIA+ individuals, single men, and non-heteronormative families. Issues related to medical oversight, drug-related harms in reproductive procedures, and psychological and physical risks to surrogates and patients further complicate this landscape. This paper provides an integrated analysis of these legal frameworks, identifies key jurisprudential themes and emerging case law, examines practical and ethical concerns, and offers targeted recommendations to strengthen reproductive justice in India.

Keywords: Surrogacy Regulation, Transgender Parenthood, ART Risks, Psychological Damage and Medical Boards.

How to cite this article: Bhattacharjee M, Chatterji S, Banerjee I, Samaddar S. Examining Bodies, Drugs, and Dignity: Medical and Psychological Dimensions of Surrogacy and ART for Transgender Community in India. Int J Drug Deliv Technol. 2026;16(7s): 662-672; DOI: 10.25258/ijddt.16.7s.70

Source of support: None

Conflict of interest: None