Surrogacy Sparks Debate Again: Nitish Kumar Government Legalizes ‘Womb on Rent’ in Election Year

Surrogacy, a topic long surrounded by ethical and legal controversies, is once again in the spotlight—both in mainstream and social media. This time, it is Bihar Chief Minister Nitish Kumar who has reignited the debate by greenlighting surrogacy in the state. In an election year, this move has sparked sharp reactions across the political and public spectrum.

Under the newly introduced framework, surrogacy will now be legal in Bihar, provided all rules and conditions are followed. The estimated cost for a surrogacy procedure has been capped at ₹5 lakh. With this policy shift, intended parents can now legally opt for a surrogate mother within the state, under the supervision of a registered clinic and a regulatory board.

A Policy Stirring Public Sentiment

The timing of this decision—amid upcoming elections—has raised eyebrows. While some hail it as a progressive step offering hope to infertile couples or those unable to conceive naturally, others question the intention and implications behind legalizing surrogacy in such a politically sensitive period.

Critics and supporters alike are flooding social media with questions: Is this a responsible decision? Will it be misused? Can it truly help childless couples without risking exploitation?

A Flashback to Controversy

To understand the skepticism, one must revisit past controversies. Notably, in 2013, a high-profile case in Anand, Gujarat, at Dr. Nayan Patel’s clinic brought surrogacy under a cloud of suspicion. The fallout from that incident led to the Supreme Court’s intervention and, eventually, the formalization of laws under the Surrogacy (Regulation) Act and ART (Assisted Reproductive Technology) guidelines.

Nitish Kumar’s move follows the same legal framework. The newly formed State Surrogacy Board will license clinics and ensure they do not misuse ART for commercial gain or unlawful purposes. Only married women are allowed to act as surrogates, and clinics must adhere strictly to ethical norms.

A Double-Edged Sword?

The decision presents both pros and cons. On the positive side, couples from Bihar will no longer need to travel to other states, which previously meant added expenses and inconvenience. Now, registered clinics within Bihar will offer affordable and regulated surrogacy options.

However, there are risks. Experts caution that in the pursuit of quick money, unscrupulous actors might violate the rules, involving unmarried women or economically vulnerable groups in illegal surrogacy practices. Misuse of ART could undermine the law’s purpose and harm vulnerable sections of society.

What Lies Ahead?

The success of this policy depends on strict enforcement, transparency, and public awareness. If implemented within the bounds of legality and ethics, Nitish Kumar’s bold move could prove to be a game-changer for childless couples in Bihar. But if the system falters, it could invite legal battles, human rights concerns, and severe reputational damage.

As the debate continues, one thing is certain—surrogacy is no longer a fringe issue. It is now a mainstream political and social conversation, and Bihar is at its center.