Surrogacy Law in India
The law on surrogacy in India have evolved over time to protect the right of women and ensure the interests of embryos and newborns. Currently, surrogacy in India is regulated by the 'Surrogacy (regulation) Act, 2021' this law came into effect nationwide on December 25, 2021.
What is Surrogacy?
Surrogacy is a process in which a woman (surrogate) carries a pregnancy for another couple and gives birth to the child. it is an option for couples who cannot conceive for medical reasons.
Main provisions related in India
1. Only altruistic is allowed:
In India, only' altruistic surrogacy' is allowed, where the surrogate mother is not provided with any financial benefits. only medical costs and insurance, etc., are reimbursed.
Commercial surrogacy is now completely banned.
2. Definition of a worthy couple:
(a) Married men and women whose ages range from 25 to 55 years and 25 to 50 years respectively.
(b) Those who do not already have any offspring (there may be exceptions in some cases, such as bhysical/ mental disabilities).
(c) The couple must be citizens of India.
3. Conditions of surrogate mother:
(a) A woman who has previously given birth to at least one healthy child.
(b) His age should be between 25 and 35 years.
(c) She should be personally connected to some family or emotional relationship (such as sister, sister-in-law, etc.).
(d) She should not have any prior commercial surrogacy experience.
4. Formation of the surrogacy board:
A 'Surrogacy Board' has been formed at the center and state level, which monitors and regulates this process.
5. Other legal terms:
(a) It is mandatory to obtain prior approval for surrogacy.
(b) Examination of the medical certificate and related documents is necessary
(c) There is a ban on fetal gender testing (the PCPNDT Act applies).
What is the PCPNDT Act?
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act is a central law that was enacted by the Government of India in 1994. It main objective is to prevent sex determination tests during pregnancy and to control the de3cline in the number of girls (imbalance in the sex ratio).
The purpose of the surrogacy law
The main objective of the surrogacy law is to prevent the exploitation of surrogate mothers, protect the rights of the child, and make this process transparent and ethical.
Conclusion
Surrogacy in India has become a stringent legal process, restricted only to needy and eligible married couples. This law is a significant step towards protecting moral values in society and promoting women's empowerment.
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