Surrogacy Law in India - 2021

Surrogacy Law in India - 2021: Regulations and Conditions

Assisted reproductive technology, known as surrogacy, involves a woman carrying a child for another person or couple. The government of India enacted the Surrogacy (Regulation) Act in 2021 to address the legal, ethical, and social concerns raised by surrogacy.

To repeal the outdated law from 2002, the Surrogacy (Regulation) Act 2021 has been proposed. The new act intends to protect the rights of both the surrogate mother and the child by regulating and monitoring the surrogacy process in India. The act also seeks to end a long-standing problem: the exploitation of children and women.

Restriction on commercial surrogacy

Only surrogacy for altruistic purposes is legal under the Surrogacy (Regulation) Act, which outlaws commercial surrogacy. As a result, the surrogate mother should receive no more than the cost of her care during pregnancy and insurance for the child. The Surrogacy (Regulation) Act aims to guarantee ethical and transparent surrogacy services in India by forbidding commercial surrogacy and promoting the welfare of all parties involved.

There are prerequisites set forth in the Surrogacy (Regulation) Act 2021 before a couple or individual in India can choose to engage in surrogacy. The following are the terms:
 

Surrogacy Guidelines for hopeful couples

If a couple or individual wants to pursue surrogacy in India, they must first meet the requirements outlined in the Surrogacy (Regulation) Act 2021.

1. Specification for Married Couples

Those seeking a surrogate must be a married couple, with the husband between the ages of 26 and 55 and the wife between the ages of 23 and 50.

2. Pre-Condition for Single Women

Surrogacy is available to women between the ages of 35 and 45 who have been divorced or widowed. However, having a child from a previous marriage restricts a woman from surrogacy.

Embryo Donation Regulations and Biological Criteria for Prospective Parents

Embryo donation is prohibited in this nation due to the Surrogacy Regulations Act, which also requires intended parents to contribute their own biological material (eggs or sperm) for surrogacy.

Permitted Medical Conditions for Surrogacy

There are a number of medical conditions for which surrogacy is legal, as outlined by the Surrogacy Regulations Act. These include:

  • MRKH
  • Multiple IVF failures
  • Recurrent miscarriage
  • Unicornuate
  • T-shaped uterus

A certificate of infertility from a licensed medical professional is required before surrogacy can be authorized. Still, it may be allowed for any other medical condition that may prevent a couple from conceiving naturally or carrying a pregnancy to term.

Approval Process for Surrogacy

Any couple considering surrogacy must first submit an application to the respective authority for approval. The approval process entails verifying compliance with guidelines like the prospective parents’ age, marital status, and health. The need for surrogacy can only be a licensed medical professional, which the intended parents must provide.

The couple planning to have a child through surrogacy must also sign a legally binding contract with the surrogate mother and file it with the legitimate authority. No financial arrangements and the type of compensation to be given to the surrogate must be clearly defined in the agreement.

Consequences of Violating the Act

Violators of the Surrogacy (Regulation) Act may face severe consequences, including a maximum fine of Rs 10 lakh and 10 years in prison, which is non-cognizable and non-bailable. The act ensures that surrogacy is conducted legally and ethically and protects the rights of all parties involved.
 

Conclusion

The Surrogacy (Regulation) Act of 2021 is a significant step toward regulating surrogacy in India and addressing the practice’s exploitation and ethical issues. The act ensures that couples seeking surrogacy services can have confidence that their journey to parenthood will be conducted safely and transparently, with the rights of the surrogate mother and child protected.

Common Questions Asked During Surrogacy

In the medical practise of surrogacy, a woman carries a child for another individual or couple. The Surrogacy (Regulation) Bill was enacted in India to ensure that all surrogacy procedures are conducted lawfully and ethically.

Violators of surrogacy laws in India can face a fine of Rs 10 lac and/or a jail sentence of 10 years.

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. Single women who are married, divorcees, or widows between 35-45 years of age are also eligible for surrogacy. Still, single women with a surviving child from a previous marriage are not eligible.

The parents must bring a willing surrogate, which must be married with at least one child between the ages of 25 and 35.

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, a unicornuate uterus, multiple IVF failures, miscarriages or abortions, or any other appropriate medical reason. The parents must be biological (egg or 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. A review of the surrogate’s medical Condition and amendments to the surrogacy regulations should also be done.

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