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Is Surrogacy legal in India?

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There have been several opportunities when society puts a question on the legal acceptance of a particular social issue in India. Among several debatable issues, the issues, Surrogacy has been a very debatable issue. The country India has been a hub of surrogacy until the final decision concerning surrogacy was declared by the Supreme Court in India. The judgment of the Supreme Court restricted the right of foreign nationals to choose India as a base for surrogacy.

Surrogacy is an option to choose for those people who cannot conceive despite trying several fertility treatments. This arrangement has become so common in society, and there have been several instances where situations created by people involved in such acts start creating legal issues. Any instance within the society that is found causing a violation of human rights, or the provisions mentioned in the constitution of India become a debatable issue. When the issue reaches the courts, they have to take decisions on its legalities after thoroughly checking all aspects. The Judgement announced by Supreme Court restricting the rights of foreign nationals to opt for surrogacy in India is a lively illustration of the situation. 

There is a question has anything has changed except that foreign nations won’t be allowed to identify India as a base for surrogacy. To accomplish such procedures like practicing surrogacy, laws are very stringent and documentation is more complex.

What does Surrogacy mean? 

Surrogacy is a boon for those Miserables who can’t conceive a child. There is a question has anything has changed except that foreign nations won’t be allowed to identify India as a base for surrogacy. To accomplish such procedures like practicing surrogacy, laws are very stringent and documentation is more complex.

Who can avail Surrogacy in India?

In order to have a child through surrogacy, a couple must obtain certificates of eligibility and necessity under the Act. The couple is considered ‘eligible’ if they have been married for five years, the wife is between the ages of 25 and 50, and the husband is between the ages of 26 and 55. There must be no living children for the couple (biological, adopted or surrogate.) A child with mental or physical disabilities, or one suffering from a potentially fatal disorder or illness, is exempt from the above criterion.

Who is an eligible Surrogate mother?

A woman to be an eligible for surrogate pregnancy has to be a close married relative with her own child with age between 25-35 years. She can surrogate once in a life. An eligible surrogate mother should have a medical certificate and psychological fitness for surrogacy. 

Authority responsible for regulating surrogacy

Within 90 days of the Act’s passage, the Centre and State governments are expected to establish a National Surrogacy Board (NSB) and State Surrogacy Boards (SSB). This body is in charge of enforcing surrogacy clinic standards, investigating violations, and recommending changes. Surrogacy clinics must also apply for registration within 60 days of being appointed by the appropriate authority.

When Surrogacy is illegal? 

Commercial surrogacy, selling embryos, and exploiting or abandoning a surrogate child are all offenses under the Act. These are punishable by up to ten years in prison and a fine of up to Rs. ten lakh.

What is an assisted reproductive technology act?

All techniques used to obtain a pregnancy by handling the sperm or egg cell outside the human body and transferring the embryo into the woman’s reproductive tract are referred to as assisted reproductive technology. These include sperm donation, in-vitro fertilisation (IVF), and gestational surrogacy where the sperm is fertilized in a lab and the child is not biologically related to surrogate.

In September 2020, the ART Act was introduced in Lok Sabha and was referred to a Standing Committee for revisions. Later, it was passed in both houses during the winter session of Parliament in December 2021, along with the Surrogacy Act. This law, too, went into effect in January 2022.

At the end

For a couple or an individual who wants to experience parenthood, surrogacy is a blessing.The process of Surrogacy in countries in India is very complicated tasks. There are several others obligations should be fulfilled after starting the process.  Although surrogacy is a fantastic opportunity for these couples to have children, more people need to accept it. There should be more strict Surrogacy law in India to ensure proper health of child and surrogate mother. 

Frequently Asked Questions

What claims does surrogate have over child?

In India, a Surrogate mother isn’t called as legal mother. Also, according to the ICMR guidelines 2005, Surrogate mother can’t be biologically connected to the child.

What does Surrogate mother cost in India?

Surrogacy costs roughly Rs 13–14 lakhs, depending on the type (self-egg or donor egg surrogacy), and it requires 3 attempts. 

What is criteria for surrogacy treatment for couples living out of India?

Both husband and wife should have the citizenship of India. Also, there should be medical need of surrogacy like repeated IVF failures, recurrent abortions, etc.

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