For many couples struggling with infertility, surrogacy offers a beacon of hope on their path to parenthood. Once a global hub for commercial surrogacy, the landscape of Surrogacy in India has undergone a significant transformation in recent years. The Surrogacy (Regulation) Act of 2021, and subsequent amendments, have redefined the legal and ethical framework, shifting the focus from a commercial industry to a compassionate, altruistic practice.
This article provides an overview of what you need to know about surrogacy in India today.
The Shift to Altruistic Surrogacy
The most notable change is the complete ban on commercial surrogacy. Under the new law, a surrogate mother cannot be compensated monetarily beyond her medical expenses and insurance coverage. The intent of this legislation is to prevent the exploitation of women, particularly those from socio-economically disadvantaged backgrounds, and to ensure that surrogacy is an act of genuine help rather than a commercial transaction.
Who Can Be an Intended Parent?
The legal framework has strict eligibility criteria for couples and individuals who wish to pursue surrogacy.
- Marital Status and Age: Surrogacy is now permitted only for Indian married heterosexual couples. The wife must be between 23 and 50 years of age, and the husband must be between 26 and 55 years old. The couple must have been married for at least five years.
- Medical Necessity: A couple must have a 'Certificate of Essentiality' from a District Medical Board, proving that they are infertile and that a medical condition prevents the female partner from conceiving or carrying a pregnancy to term.
- Child Status: The intending couple must not have any surviving biological, adopted, or surrogate child, with an exception for couples whose existing child is mentally or physically disabled or suffers from a life-threatening or terminal disease.
The law also allows single women who are widowed or divorced, between the ages of 35 and 45, to opt for surrogacy if they meet the other criteria. However, single men, same-sex couples, and live-in partners are not permitted to use surrogacy services in India.
Who Can Be a Surrogate Mother?
The new law also sets clear guidelines for who can be a surrogate.
- Relationship to Intended Parents: The surrogate mother must be a "willing woman," who is a relative of the intended parents. She cannot be a stranger and must be married, with at least one child of her own.
- Age and Previous Surrogacy: She must be between 25 and 35 years of age and can only be a surrogate once in her lifetime. This is to prevent the practice from becoming a repeated profession for women.
- No Gamete Contribution: The surrogate mother is not allowed to use her own gametes for the surrogacy procedure, ensuring the child has no genetic link to her.
The Legal Process and Protections
The new legislation aims to provide a robust legal framework to protect all parties involved.
- Documentation: The process is heavily regulated and requires various certificates and legal documentation, including a court order of parentage and custody for the intended parents. This ensures the child is legally recognized as the offspring of the intended parents from birth, without the need for adoption.
- Protection for the Surrogate: The law mandates that the intended parents must provide the surrogate with insurance coverage for a period of 36 months, covering postpartum complications.
- Prohibition on Abandonment: The Act strictly prohibits the abandonment, exploitation, or disowning of a child born through surrogacy.
The shift in the legal landscape of Surrogacy in India reflects a commitment to prioritizing ethical practices and protecting the rights of all involved—the intended parents, the surrogate mother, and, most importantly, the child. While the regulations are strict, they are designed to ensure that the journey to parenthood through surrogacy is undertaken with dignity, safety, and transparency.
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