Is surrogacy legal in India?
Is surrogacy legal in India?

A woman, known as the surrogate mother, consents to carry and give birth to a child on behalf of another person or couple, known as the intended parents, through assisted reproduction. This process is known as surrogacy. Around the world, there has been a lot of discussion on surrogacy. The surrogacy legal landscape in India has changed dramatically over the years. Is surrogacy legal in India? This question has given many couples hope and new opportunities. We shall explore the current situation of surrogacy in India in this blog.

The Evolution of Surrogacy Laws in India

India has historically been a centre for surrogacy. This is because of its accessibility to medical professionals and comparatively inexpensive expenses. However, the absence of a strong legal system raised several ethical and exploitation-related issues. To safeguard everyone involved, the government responded by enacting stronger rules. The Surrogacy (Regulation) Bill, 2024, which was approved by the Indian Parliament, has marked the biggest achievement to date in Surrogacy Law in India. The law forbids commercial surrogacy and only permits altruistic surrogacy to safeguard the rights of intended parents and surrogates. So, is surrogacy legal in India? Yes, under these new regulations.

Understanding Altruistic Surrogacy

In India, surrogacy is now solely allowed for altruistic reasons. This implies that surrogates are not eligible for any financial compensation. Only prenatal care and associated insurance costs are given. The goal is to stop surrogacy from being commercialized and to prevent women from being exploited. The surrogate mother in altruistic surrogacy is usually a close relative of the intending parents. This arrangement has less to do with financial incentives and more to do with emotional ties and trust. Although the goal of this step is to protect the surrogate, it also has some dynamics and difficulties. This brings us back to the question: is surrogacy legal in India? Yes, but only altruistic surrogacy.

Legal Requirements and Process

Strict rules now control India’s surrogacy procedure. This guarantees justice and transparency. The following are the main legal prerequisites and actions to take:

  • Eligibility Requirements: To be eligible for surrogacy, Indian married couples must be childless and have been lawfully married for at least five years. Furthermore, the age ranges for the male and female partners must be 26 to 55 for the male and 23 to 50 for the female, respectively. This criterion is part of answering the question, “is surrogacy legal in India?
  • Certificate of Essentiality and Eligibility: Intended parents must receive a certificate of essentiality and eligibility from the relevant authorities. These certifications attest to the couple’s eligibility for surrogacy and their compliance with the requirements.
  • Requirements for the Surrogate Mother: She must be married, have at least one biological child of her own, be a close relative of the intended parents, and only be permitted to serve as a surrogate once in her lifetime. She should be between the ages of 25 and 35.
  • Legal Contract: The intended parents and the surrogate mother must sign a legal contract. This agreement guarantees that the surrogate has no parental rights over the child and describes the roles, obligations, and rights of each party.
  • Medical and Psychological Evaluation: To guarantee their suitability for the surrogacy procedure, the intended parents and the surrogate mother must both go through extensive medical and psychological exams.

Ethical Considerations

In India, the trend toward altruistic surrogacy has spurred several ethical debates. Although the goal is to stop exploitation, it also calls into question consent, autonomy, and possible pressure on women to stand in for their families. This is a key consideration when asking, “is surrogacy legal in India?”

  • Autonomy and Consent: It’s critical to make sure the surrogate’s consent is truly voluntary and unaffected by social or familial influences. Ethical norms must be in place to protect the surrogate’s autonomy.
  • Emotional and Psychological Impact: Since close family members are involved in altruistic surrogacy, complicated emotional and psychological dynamics may result. Support networks and counselling are crucial in assisting all parties in overcoming these obstacles.
  • Potential Exploitation: If the surrogate feels compelled to assist a family member, there is a chance of subtle exploitation, even in altruistic situations.

Conclusion

The Surrogacy (Regulation) Bill, 2024, which governs surrogacy in India, has significantly changed the practice. Surrogacy is legal in India, and the transition to altruistic surrogacy attempts to give intended parents a legal framework to realize their dreams of parenthood while shielding surrogates from exploitation. Ethical, legal, and emotional factors must all be balanced as the surrogacy landscape evolves.

To guarantee the well-being of intended parents and surrogates, open and honest communication, strong support networks, and adherence to moral principles are necessary. Surrogacy provides many couples with a route to parenthood that they might not otherwise have. When appropriate measures are taken, surrogacy in India can be a fulfilling experience filled with compassion, love, and new beginnings. Risaa IVF is dedicated to supporting intended parents and surrogates through this transformative journey, ensuring ethical practices and comprehensive care for all involved. So, is surrogacy legal in India? Yes, with these regulations, it is a legal and compassionate option for many families.

Leave a Reply

Your email address will not be published. Required fields are marked *

Get an Instant Call!