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Surrogacy law in India

The Surrogacy (Regulation) Act,2021(based on Surrogacy Bill 2022)

Hello, Reader!

Greetings of the day!

Today, I have brought up the most sensitive topic. Which, society always discusses on ethical and unethical grounds. But, when I took up this topic for research, I noticed some changes in the Surrogacy Bill. And this article will give you a great information on Surrogacy law in India. I think the feeling of being a mother is more important than anything, if I were to illustrate it, let's take a look at our Indian ancient history wherein Yashoda also gave her love to her non-biological son Krishna, and we should never forget Gandhari who gave birth to her hundred children using ancient pot birth technology. By giving this illustration, I am just trying to prove my point that Motherhood is an indescribable emotion that can be expressed through adoption, surrogacy, or natural birth. And if, I define surrogacy in simple term, “it means baking your bread in a rental oven".

I have seen that our Bollywood make this process of surrogacy glamorous and it is started to become commercial. And so, this new Surrogacy Bill will restrict this commercialization.

Then, let’s start with the real information and new changes in the Surrogacy Bill passed in 2022.

The Surrogacy (Regulation) Act.2021-

Surrogacy is an arrangement wherein a surrogate mother bears and delivers a child for a couple. The Surrogacy (Regulation) Act,2021 came into force on 25th January 2022. The purpose of the Act is to prohibit commercial surrogacy and to allow altruistic (charitable) surrogacy. Commercial surrogacy was legalized in India back 2002, but absence of legal regulation and lack of implementation surrogate mother faced multiple challenges. Commercial surrogacy led to exploitation of the surrogate mother and illegal activities. And for this reason, our Indian Parliament recently passed modified (an amended) Surrogacy Bill in January, 2022. There are few major changes in the surrogacy Act, which pointed as follows-

1. Commercial Surrogacy is banned by the Surrogacy Bill,2022-

According to the bill, if a person found advertising or undertaking surrogacy, exploiting the surrogate mother selling, importing, purchasing or trading human embryos or conducting sex selection for surrogacy or has abandoned or disowned surrogate child, he or she can be sentenced to up to 10 years in prison and a fine of up to Rs.10 lakh.

2.Who can be a surrogate mother-

a) A close relative of a couple. b) A married women with a child of her own (she can be surrogate mother once in her life time).

c) She should be certified as medically and physically fit. d) The Surrogacy Bill bans homosexual couple, people in live-in-relationship and single individuals from renting womb. e) The surrogate mother must be between 25 to 35 years of age.

3.Surrogacy permitted to and eligibility of the couple-

Only altruistic surrogacy will be permitted in India. A certificate of eligibility is issued to the intending couple and proof that the couple has been married for at least 5 years and they are Indian citizens. Wife must be in age group of 23 to 50 and husband 26 to 55. Intending couple does not have a biological child. (Exceptions if the biological child is mentally challenged)

4.Regulations-

a) No monetary compensation to surrogate mother. b) But couple has to provide medical expenses and insurance coverage during her pregnancy under the Medical Termination of Pregnancy Act,1971. c) Surrogate mother will have the option of withdrawing from surrogacy before implanting the embryo in her womb. These are the major changes made in The Surrogacy Act,2021 to avoid commercialization of surrogacy.