Introduction
Surrogacy, a reproductive technology that has gained widespread attention in recent years, has become a viable option for individuals or couples facing infertility issues. In India, the legal landscape surrounding surrogacy has evolved over time, providing a regulated framework to govern this sensitive and complex process. This article delves into the legal aspects of surrogacy Legal in India, exploring the regulations, rights, and responsibilities associated with this reproductive option.
The Legal Evolution of Surrogacy in India
India has witnessed a significant shift in its approach to surrogacy over the years. Initially, the country was a popular destination for international couples seeking affordable surrogacy services. However, concerns about exploitation of surrogate mothers and ethical considerations prompted the Indian government to take a closer look at surrogacy regulations.
The first formal attempt to regulate surrogacy in India was the Assisted Reproductive Technology (ART) Regulation Bill in 2010. This bill aimed to establish guidelines for assisted reproductive procedures, including surrogacy, to safeguard the interests of all parties involved. The ART Bill proposed establishing regulatory authorities and ethical standards for fertility clinics and surrogacy arrangements.
Surrogacy (Regulation) Act, 2021
In 2021, the Indian government took a significant step forward by enacting the Surrogacy (Regulation) Act, replacing the earlier ART Bill. The new legislation marked a paradigm shift in the regulation of surrogacy, addressing various concerns and ensuring a more transparent and ethical process.
One of the primary objectives of the Surrogacy (Regulation) Act, 2021, is to protect the rights of surrogate mothers and regulate the surrogacy industry. The Act prohibits commercial surrogacy, allowing only altruistic surrogacy, where the surrogate mother is not compensated beyond reasonable medical expenses and insurance coverage. This move aims to prevent the exploitation of women for financial gain while promoting a more ethical and altruistic approach to surrogacy.
Eligibility Criteria for Intending Parents
The Surrogacy (Regulation) Act outlines specific eligibility criteria for intending parents who wish to opt for surrogacy. To qualify, the intending parents must be Indian citizens, married for at least five years, and between the ages of 23 and 50 for the woman and 26 and 55 for the man. Additionally, they should not have any surviving children, whether biological, adopted, or through surrogacy, unless they have a child who is mentally or physically challenged or suffers from a life-threatening disorder.
These stringent eligibility criteria are designed to ensure that surrogacy is considered as a last resort and not as a primary means of having children. The emphasis is on preventing exploitation and safeguarding the welfare of both surrogate mothers and the children born through surrogacy.
Rights and Responsibilities of Surrogate Mothers
The Surrogacy (Regulation) Act places significant emphasis on protecting the rights and well-being of surrogate mothers. One of the key provisions is that a woman can act as a surrogate only once in her lifetime, reinforcing the altruistic nature of surrogacy in India.
The Act also mandates insurance coverage for the surrogate mother, ensuring that she receives comprehensive medical care throughout the pregnancy and postpartum period. This provision is crucial in addressing concerns about the health and well-being of surrogate mothers, emphasizing the importance of their physical and mental health during and after the surrogacy process.
Furthermore, the surrogate mother has the right to refuse to abort the child or undergo any medical procedure that may harm her health. This provision empowers surrogate mothers to make informed decisions about their own bodies and underscores the ethical considerations involved in surrogacy arrangements.
Regulation of Fertility Clinics
The Surrogacy (Regulation) Act introduces stringent regulations for fertility clinics involved in surrogacy procedures. These clinics must be registered with the appropriate authorities and adhere to ethical and medical standards outlined in the legislation. The Act aims to curb unethical practices, such as sex-selective surrogacy and exploitation of surrogate mothers, by holding fertility clinics accountable for their actions.
The legislation also prohibits the transfer of human embryos for surrogacy purposes to any person or couple other than the intending parents. This provision ensures that the child born through surrogacy is genetically related to at least one of the intending parents, minimizing the legal complexities associated with parentage.
Conclusion
The legal framework surrounding surrogacy in India has undergone a significant transformation with the enactment of the Surrogacy (Regulation) Act, 2021. The shift towards altruistic surrogacy, stringent eligibility criteria for intending parents, and emphasis on the rights and well-being of surrogate mothers mark a departure from the earlier unregulated environment.
While the Surrogacy (Regulation) Act addresses several ethical and legal Advice concerns associated with surrogacy, it is essential to continuously evaluate and refine the legislation to ensure that it effectively safeguards the interests of all parties involved. As surrogacy continues to be a viable reproductive option for individuals and couples, the legal landscape in India serves as a model for other countries navigating the complexities of assisted reproductive technologies.
