Surrogacy Law in India

With the passing of the Surrogacy (Regulation) Bill, 2021, the country has taken significant steps to regulate the practice, aiming to protect the rights of all parties involved. Here’s an in-depth look at the key aspects of the Surrogacy Law in India as of 2021.

What is Surrogacy?

Surrogacy is a method of assisted reproduction where a woman, known as the surrogate mother, agrees to carry and give birth to a child for another couple or individual. The intended parents may use their own gametes, or donor gametes, to create the embryo, which is then implanted in the surrogate.

Key Provisions of the Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021, was enacted to ensure ethical practices in surrogacy and to prevent its commercialization. Here are the major highlights:

1. Altruistic Surrogacy Only

The Bill permits only altruistic surrogacy, where the surrogate mother does not receive any monetary compensation except for medical expenses and insurance coverage. This move aims to prevent the exploitation of women and the commercialization of surrogacy.

2. Eligibility Criteria for Intended Parents

Married Couples: Only Indian married couples can opt for surrogacy. They must be between 23 to 50 years old for women and 26 to 55 years old for men.

Medical Necessity: Surrogacy is allowed only if the couple is medically proven to be infertile.

No Previous Surrogacy Children: The couple must not have any surviving child, whether biological, adopted, or through previous surrogacy, except if the child is physically or mentally challenged or has a life-threatening disorder.

3. Eligibility Criteria for Surrogate Mothers

Married Woman with a Child: The surrogate must be a married woman who has a child of her own.

Age and Health: She should be between 25 to 35 years of age and medically fit.

One-Time Surrogate: A woman can be a surrogate only once in her lifetime.

4. Prohibition of Commercial Surrogacy

The Bill explicitly bans commercial surrogacy, which involves financial transactions beyond medical expenses. It aims to prevent the exploitation and trafficking of women.

5. Establishment of Surrogacy Boards

National Surrogacy Board: At the central level to oversee the implementation of the law

State Surrogacy Boards: At the state level to monitor and regulate surrogacy clinics and practices.

6. Regulation of Surrogacy Clinics

All surrogacy clinics must be registered under the Act. They are required to adhere to the regulations and are subject to inspections by the appropriate authorities.

7. Protection of Rights

The Bill ensures the protection of the surrogate mother’s rights, including her consent and the prohibition of her exploitation. It also mandates that the child born through surrogacy is deemed to be the biological child of the intending couple.

8. Penalties for Violations

Strict penalties are imposed for engaging in or facilitating commercial surrogacy, abandoning a child born through surrogacy, exploiting the surrogate mother, and other violations of the Act.