Legislation on Altruistic Surrogacy in India.
The new surrogacy law in India, effective as of 2021, strictly prohibits commercial surrogacy. Instead, it only permits altruistic surrogacy, where the surrogate mother carries the child to assist another individual or couple without any financial gain except for medical expenses and insurance coverage. This regulation aims to safeguard women from potential exploitation in commercial surrogacy arrangements. Furthermore, the law establishes specific criteria that must be fulfilled before surrogacy can take place in India, highlighting the significance of ethical and regulated surrogacy practices within the country.
Regulations for Surrogacy in India in accordance with the Surrogacy (Regulation) Act of 2021.
The legislation on surrogacy in India for the year 2021 has set forth specific requirements for prospective parents interested in pursuing surrogacy. According to the law, the intended couple must be legally married and fulfill certain age criteria. The female partner must be between 23 and 50 years old, while the male partner must fall within the age range of 26 to 55 years. Moreover, the couple should not have any biological children from previous relationships. The female partner must have a medical reason for surrogacy, supported by valid medical documentation. The surrogate mother must be married and have at least one child of her own. An unmarried woman may also be considered an intended parent if she is between 35 and 45 years old and is either married, divorced, or widowed. However, if she has a surviving child from a previous marriage, she is not eligible for surrogacy. Single men and same-sex couples are not permitted to enter into surrogacy agreements in India. It is mandatory for the intended mother to have a medical indication for surrogacy. The new surrogacy law in India allows couples to pursue surrogacy in specific medical circumstances, such as MRKH, unicornuate uterus, multiple IVF failures, miscarriages, or abortions.
Surrogate Mothers in India: A Matter of Consideration
Becoming a surrogate requires meeting a comprehensive set of requirements to ensure a positive outcome. To begin with, the surrogate must have a genuine desire to carry a child for another couple, without any financial motivation, as commercial surrogacy is strictly prohibited. Additionally, the surrogate must fulfill specific demographic criteria, such as being a married woman between the ages of 25 and 35, and having at least one biological child. Moreover, it is crucial for the surrogate to obtain medical and psychological fitness certificates, confirming her physical and mental capability to undergo surrogacy. This ensures the well-being of both herself and the baby, minimizing any potential risks. Lastly, surrogacy is regulated to prioritize safety. Each surrogate is allowed only one attempt, and intended parents are limited to a maximum of three attempts. Furthermore, during each attempt, only one embryo can be transferred, guaranteeing the utmost safety for all parties involved.
The legal obligations for surrogacy in India are outlined in the Surrogacy (Regulation) Act of 2021
The implementation of the new surrogacy law in India in 2021 necessitates that both intended parents and surrogates adhere to various legal prerequisites. These include the submission of multiple documents such as proof of marriage, age certificates, and a certificate of essentiality for the surrogate, accompanied by a medical indication obtained from the District board. Additionally, the surrogate must possess a certificate of eligibility from the Board. In terms of financial obligations, the intended parents are required to cover expenses related to the surrogate's travel, clothing, medications, tests, and check-ups. However, they are prohibited from providing any form of monetary expenditure. Furthermore, the surrogate must have insurance coverage for a duration of three years, and the intended parents must furnish an affidavit or guarantee regarding her health.