Surrogate Mothers

The Ethics of Surrogate Motherhood: Promoting Altruism over Commercialization

Surrogate motherhood can be a positive experience when approached with altruism in mind, rather than commercialization. It takes a lot of thought and consideration to decide to become a surrogate mothers. The choice to become a surrogate should not be influenced by financial gain as commercial surrogacy is now prohibited in India under the new surrogacy law. It’s great to see that the process of helping a couple achieve parenthood is driven by a sincere desire to assist them. The new law allows for altruistic surrogacy, which means that women can choose to become surrogate mothers without receiving financial compensation. Surrogate mothers can help promote ethical and transparent surrogacy practices that put everyone’s needs first by adopting a selfless attitude.

Requirements and Regulations for Surrogate Mothers in India

By definition, surrogacy is the act of a woman bearing and giving birth to a child on behalf of another individual or couple. In India, surrogacy is legally permissible, but there are strict regulations to ensure ethical and transparent surrogacy services.

Requirements for Surrogate Mothers in India

To be a surrogate mothers in India, the following requirements must be met:

  • Age and Marital Status

The surrogate mother must be between 25 and 35 years old and legally married.

  • Motherhood Experience

The surrogate mother must have at least one biological child of her own.

  • Medical and Psychological Screening

The surrogate mother must undergo medical and psychological screenings to ensure she is physically and mentally capable of carrying a child to term.

  • Medical History

The surrogate mother’s medical history, past pregnancies, and the chance of a natural versus surgical delivery are explored to ensure she is fit for surrogacy.

  • Mental Health

The surrogate mother must pass psychological tests to ensure she is mentally and emotionally capable of carrying the intended parents’ child.

Regulations for Surrogate Mothers in India

To ensure ethical and transparent surrogacy services, the following regulations are in place for surrogate mothers in India:

  • One-Time Surrogacy Only

A woman can act as a surrogate mother only once in her lifetime to prevent the exploitation of vulnerable women who may be coerced into multiple surrogacy arrangements.

  • Use of Own Gametes Prohibited

A surrogate mother cannot use her own gametes to safeguard the biological rights of the child and intended parents and prevent potential legal disputes regarding biological parentage.

  • No Commercial Surrogacy

The Surrogacy (Regulation) Act of 2021 forbids the practice of commercial surrogacy. Surrogacy for charitable purposes is permitted, but the surrogate mother cannot receive more than what is necessary to cover her medical bills and the child’s insurance.

The Approval and Certification Process for Surrogate Mothers in India

To ensure that surrogate mothers meet all requirements and regulations for surrogacy, the following certificates and approval procedures are in place in India:

Surrogate Mother Eligibility Certificate

Surrogate moms in India would need to obtain a variety of qualifications before beginning the surrogacy process under the new surrogacy law. The Certificate of Eligibility for a Surrogate Mother issued by the Appropriate Governmental Entity is the most crucial of these requirements.

The planned surrogate mother’s age, marital status, and mental and physical health have all been certified as meeting all requirements for surrogacy. The certificate guarantees the security of everyone involved by proving that the surrogate mom is qualified to carry out the surrogacy.

Surrogacy Approval Procedure

The Surrogacy Act of 2021 provides a legal framework for surrogate mothers to be recognized in India. The objective is to promote morally sound surrogacy practices. The intended parents must first provide the National Surrogacy Board with details about the surrogate’s health and family background.

They should also provide a certificate attesting to the surrogate’s physical and mental fitness for the surrogacy. Once a surrogacy center accepts a couple’s application, the couple can begin working with the center. The surrogate mother’s mental and physical health are evaluated during this clearance process to guarantee the safety of the unborn kid and its parents.

Conclusion

Surrogacy in India is legally permissible, but it is tightly regulated to ensure everyone’s safety and rights. Surrogate mothers must meet specific requirements and undergo medical and psychological screenings, and there are strict regulations in place to prevent exploitation and ensure ethical and transparent surrogacy services.  

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