Surrogacy Law in India
A New Era for Surrogacy in India
Surrogacy Law in India - 2021
Surrogacy is a method of assisted reproduction in which a woman carries a child for another individual or couple. In India – 2021, the Indian government introduced the Surrogacy (Regulation) Act, which addresses the legal, ethical, and social issues surrounding surrogacy.
The Surrogacy (Regulation) Act 2021 has been introduced to replace the earlier legislation enacted in 2002. The new act aims to regulate and monitor the practice of surrogacy in India while ensuring that the rights of the surrogate mother and the child are protected. The act also aims to prevent the exploitation of women and children, a significant concern in the past.
Prohibition of Commercial Surrogacy
Under the Surrogacy (Regulation) Act, only altruistic surrogacy is permitted, which means commercial surrogacy is prohibited. This means that any surrogacy arrangement must be selfless in nature, with the surrogate mother receiving only medical expenses and insurance coverage for carrying the child. By prohibiting commercial surrogacy and promoting the well-being of all parties involved, the Surrogacy (Regulation) Act seeks to ensure ethical and transparent practices in surrogacy services in India.
The Surrogacy (Regulation) Act 2021 lays down certain conditions that must be met before a couple or individual can opt for surrogacy in India. These conditions are as follows:
The prerequisites for couples hoping to seek surrogacy.
The couple or individual seeking surrogacy is open for Indian citizens and OCI card holder and married for at least one years.
A) Requirements for married couples
Only married couples, where the husband should be between the ages of 26 and 55 and the wife should be between the ages of 23 and 50, are eligible to use surrogacy.
B) Condition for single women
Women between the ages of 35 and 45 who are divorced or widowed are also eligible for surrogacy. However, a woman is ineligible for surrogacy if she has a living child from a previous marriage.
Restrictions on embryo donation and biological requirements for parents
Prohibitions on Embryo Donation and Biological Criteria for Parents under the Surrogacy Regulations Act of 2021. The act mandates that the intended parents must contribute their own biological material, either egg and sperm, for surrogacy, and embryo donation is prohibited.
Permissible Medical Conditions for Surrogacy Under the Surrogacy Regulations Act of 2021
The Surrogacy Regulations Act 2021 allows surrogacy for specific medical conditions that may includes:-
- MRKH
- Multiple IVF Failure
- Recurrent Miscarriage
- Unicornuate and T Shaped Uterus
Apart from the conditions mentioned above, the Surrogacy Regulations Act 2021 allows surrogacy for any other appropriate medical condition that may prevent a couple from conceiving a child naturally or carrying a pregnancy to term. However, the couple must be able to produce a certificate of infertility from a registered medical practitioner.
The Approval Process for Surrogacy
The Surrogacy Regulations Act of 2021 lays down a stringent approval process for surrogacy in India. Intended parents who wish to opt for surrogacy must apply to the appropriate authority and obtain approval before proceeding with the process. The approval procedure includes checking the guidelines, such as the prospective parents’ age, marital status, and health. The intending parents must also provide a certificate of infertility issued by a registered medical practitioner to establish the need for surrogacy.
Additionally, the intended parents must enter into a surrogacy agreement with the surrogate mother and register it with the appropriate authority. The agreement must clearly define the terms and conditions of the surrogacy, including no financial arrangements, and kind of remuneration to be given to the surrogate. She can be compensated for medical, food and travel expenses, It’s totally Altruistic. The approval process ensures that surrogacy is conducted legally and ethically and protects the rights of all parties involved.
In conclusion, the Surrogacy (Regulation) Act of 2021 has been a significant step toward regulating surrogacy in India and addressing the practice’s exploitation and ethical issues. With the implementation of this act, couples seeking surrogacy services can now have confidence that their journey to parenthood will be conducted in a safe and transparent manner, with the rights of the surrogate mother and child protected. This is due to the fact that violators of the Surrogacy (Regulation) Act face severe consequences, including a maximum fine of Rs 10 lakh and 10 years in prison, which is non cognizable and no bailable. Furthermore, as the country continues to develop and refine its regulations surrounding surrogacy, it is clear that the well-being and protection of all parties involved will remain a top priority.
Common Questions Asked During Surrogacy
Surrogacy is a medical process where a woman carries a pregnancy for another person or couple. In India, surrogacy is regulated by the Surrogacy (Regulation) Bill to ensure that the process is carried out in an ethical and legal manner.
Violators of surrogacy laws in India can face a fine of Rs 10 lac and/or a jail sentence of 10 years for all parties involved.
Couples seeking surrogacy in India must be married, with the female between 23-50 years of age and the male between 26-55 years of age. Women who are divorcees, or widows between 35-45 years of age are also eligible for surrogacy. Although women with a surviving child from a previous marriage are not eligible.
The parents must bring a willing surrogate, who must be married with at least one child and she should be between ages of 25 and 35. The surrogate is only allowed to be a surrogate once with her life can be tried three attempts, each involving the transfer of only one embryo.
The required documents include proof of marriage, certificates of age and essentiality, a certificate of medical indication obtained from the District Board, a certificate of eligibility from the Board, a medical indication from the District Court, and insurance or certificates for the surrogate’s psychological and medical fitness.
Couples can only seek surrogacy for medical reasons such as:-
- MRKH
- Multiple IVF Failure
- Recurrent Miscarriage
- Unicornuate and T Shaped Uterus
- Or any other appropriate medical reason
The parents must contribute their biological (egg and sperm); no embryo donation is allowed. The surrogate must have three-year insurance and an affidavit from the Metropolitan to guarantee her health.
Once the proper certificates and court orders have been obtained, permission must be asked for from the proper authority with all certificates & prental order in place, they can go to the authorized and approved surrogacy centre and can get their IVF – Surrogacy.