Surrogacy Law in India: An Overview of Surrogacy Law in 2021
In 2021, the Indian government introduced a new surrogacy law to regulate surrogacy in the country. The surrogacy law in India – 2021 sets out rules and regulations for surrogacy arrangements and aims to protect the interests of surrogates, intended parents, and the child born through surrogacy. This law has criminalized commercial surrogacy and restricted who can become a surrogate or intended parent.
Altruistic Surrogacy Law in India
The prohibition of commercial surrogacy under the new surrogacy law in India has been introduced to prevent the exploitation of women who may be lured into commercial surrogacy arrangements. The surrogacy law in India – 2021 allows for only altruistic surrogacy, which requires the surrogate mother to carry the child to help another individual or couple without receiving monetary compensation other than medical expenses and insurance coverage.
This provision ensures that surrogacy arrangements in India remain ethical and transparent while prioritizing the well-being of all parties involved. In addition, the law sets forth several conditions that must be met before a couple or individual can opt for surrogacy in India, emphasizing the importance of responsible and regulated surrogacy practices in the country.
Guidelines for Surrogacy
The new surrogacy law in India – 2021 has established eligibility criteria for intended parents seeking to undertake surrogacy. As per the law, the intended couple must be lawfully married and meet specific age prerequisites. The female partner must fall between the age range of 23 to 50 years, whereas the male partner must be in the age bracket of 26 to 55 years. Moreover, they must not have any biological offspring from a prior marital union and must bring forth a willing surrogate who should be wedded and possess at least one offspring of hers.
In addition, an unmarried woman may also qualify as an intended parent, provided she falls in the age group of 35 to 45 years and is either married, divorced, or widowed. Nonetheless, if she has a surviving child from a previous marriage, she is ineligible for surrogacy.
Medical Conditions for Surrogacy
The new surrogacy law in India allows couples to opt for surrogacy under certain medical conditions, including MRKH, unicornuate uterus, multiple IVF failure, miscarriage, or abortion.
Instructions for Surrogate Mothers
Becoming a surrogate is a decision that entails meeting a complex set of requirements to ensure a successful outcome. Firstly, the surrogate must genuinely wish to carry a child for another couple without any financial incentive, as commercial surrogacy is strictly prohibited.
In addition, the surrogate must meet specific demographic criteria, such as being a married woman between the ages of 25 to 35 years with at least one biological child.
Furthermore, medical and psychological fitness certificates are also essential to confirm that the surrogate is physically and mentally capable of undergoing surrogacy, minimizing potential risks to herself and the baby.
Lastly, surrogacy is regulated to ensure safety, with each surrogate allowed only one attempt and the intended parents restricted to trying surrogacy up to three times. Only one embryo can be transferred during each attempt, ensuring maximum safety for all involved parties.
Legal Requirements for Surrogacy
The new surrogacy law in India – 2021 mandates several legal requirements that intended parents and surrogates must follow. They must submit several documents, including proof of marriage, certificates of age, and a certificate of essentiality for the surrogate, along with a medical indication obtained from the District board. The surrogate must also have a certificate of eligibility from the Board.
Furthermore, the intended parents must provide compensation for the surrogate’s travel, clothes, medicines, tests, and check-ups. However, they are not allowed to offer any monetary expenditure. The surrogate must also have insurance for three years, and the intended parents must provide an affidavit or guarantee of her health.
The enactment of the new surrogacy law in India – 2021 has marked a significant milestone in regulating the surrogacy industry, addressing potential ethical and exploitative concerns. The Act has instilled confidence in aspiring parents seeking surrogacy services, ensuring transparency and safety while safeguarding the fundamental rights of the surrogate mother and child. This is largely due to the strict penalties imposed on those who breach the Act, such as a fine of up to Rs 10 lakh and imprisonment of up to 10 years. The continuous refinement of surrogacy regulations in India demonstrates the nation’s unwavering commitment to protecting all parties involved. Moreover, the Indian government’s dedication to promoting ethical surrogacy practices is commendable and has bolstered the country’s standing in the global surrogacy industry.
Common Question Asked
1. What are India’s surrogacy legislation penalties?
Those who violate surrogacy laws in India may face significant penalties, such as a maximum fine of Rs 10 lakh and imprisonment for up to 10 years.
2. What are the eligibility criteria for couples who want to opt for surrogacy?
The couple must be married, with a female partner between 23-50 years of age and a male partner between 26-55 years of age. They should not have any children from previous marriages or relationships. Additionally, the couple must bring a willing woman as a surrogate who is married with at least one child.
3. What are the restrictions on single women opting for surrogacy?
Single women who want to opt for surrogacy must be between 35-45 years of age and must either be married, divorced, or widowed. If they have one surviving child from a previous marriage or relationship, they are not allowed to opt for surrogacy.
4. Can the surrogate mother receive any monetary compensation?
No, the surrogate mother cannot receive monetary compensation for her services. However, the intended parents can compensate her for travel, clothes, medicine, tests, check-ups, etc.
5. Which documents are necessary for surrogacy in India?
The documents needed are proof of marriage, certificate of age, certificate of essentiality for the surrogate, certificate of medical indication from the District board, certificate of eligibility for the surrogate from the Board, the medical indication to the District Court, and insurance/certificate of the surrogate for psychology and medical fitness.
6. Who is eligible for surrogacy in India?
Couples who are unable to conceive naturally due to medical reasons such as MRKH, unicornuate uterus, multiple IVF failure, miscarriage/abortion, or any other appropriate medical reason are eligible for surrogacy.
7. Is embryo donation allowed in surrogacy?
No, embryo donation is not permitted in surrogacy. The intended parents must be biological parents (egg or sperm).
8. What is the duration of the surrogate’s insurance?
The surrogate’s insurance must cover her for three years.