Chapter 10: Reproductive Rights, Surrogacy, and Same-sex Parenthood in India: Redefining Family and Care Labor Dynamics

This chapter examines the intersections of caregiving, surrogacy, and reproductive rights within LGBTQ+ families in India, highlighting how nonconventional family forms are reshaping reproductive and care labor norms. The landmark Navtej Johar v. Union of India (2018) judgment decriminalized same-sex relationships, marking a turning point in queer rights. Yet, systemic social and legal barriers continue to restrict LGBTQ+ families’ access to assisted reproductive technologies (ART) and adoption. Using a queer and feminist theoretical lens, this chapter critiques India’s exclusionary legal frameworks, particularly the Surrogacy (Regulation) Act, 2021, and the ART Regulation Act, 2021, which privilege heteronormative families and marginalize non-heteronormative forms. Drawing on ethnographic case studies of urban LGBTQ+ families navigating surrogacy and caregiving, the chapter explores how queer caregiving models challenge entrenched gender hierarchies and reconfigure care economies. Feminist theoretical insights, notably from Judith Butler and Nancy Fraser, guide the analysis of how caregiving roles in queer families disrupt traditional paradigms of unpaid reproductive labor. Centering these experiences, the chapter argues that care labor in nonnuclear families must be recognized as an essential dimension of reproductive rights. The chapter concludes with key policy recommendations, including legal recognition of LGBTQ+ marriages, amendments to the Surrogacy and ART Regulation Acts, and granting adoption rights to gay couples. It further advocates for economic support, parental leave entitlements, and equitable access to ART services, which are vital for fostering an inclusive care economy and ensuring reproductive rights for all.