Important information on the laws governing surrogacy

The lack of legal frameworks for surrogacy has long been a major factor in the stigma and misinformation that remain surround the practice. When a woman gets pregnant and gives birth to a child born to another couple, she formally agrees to give up all parental rights to the child and gives birth to the child on behalf of the other couple. This is known as surrogacy.

In India, is surrogacy permitted?

Both yes and no. With many legislation changes aimed at regulating the practice, India’s surrogacy legal environment has been complex and ever-changing. A lot of progress was accomplished in January 2022 when the Surrogacy (Regulation) Bill, 2019 was passed.

In 2015, India took a big step forward and banned commercial surrogacy for foreigners. Concerns around potential surrogate exploitation and the commercialization of the surrogacy process drove this move.

The following are some of the bill’s major points:

The prohibition limited the availability of surrogacy services to Indian couples, and even for them, it stipulated that surrogacy must be performed selflessly, meaning the surrogate could not be compensated for anything other than medical costs and insurance.Surrogacy in any form including a commercial transaction would be prohibited. In this instance, eligible parties include intending couples and surrogates who fulfill certain standards.Married Indian couples who are between the ages of 23 and 50 and do not presently have a live kid or who have a special child (mentally impaired) are the only ones who may opt to become parents via surrogacy. They will also need an eligibility certificate from the District Medical Board attesting to their incapacity to conceive biologically.Simultaneously, the only married women who meet the requirements to be surrogates are those who have a child of their own, are close relatives of the prospective couple, and are between the ages of 25 and 35. The District Medical Board will also need to provide them with a certificate of physical fitness.The Act additionally stipulates that the surrogate is only eligible to receive payment for any medical expenses incurred and a 36-month insurance coverage as reimbursement for their services. Any violation of this legislation would carry a maximum 10-year jail term and a fine of Rs. 10 lakhs. In addition, this Act requires all surrogacy clinics to register and forbids the keeping, selling, or importing of human embryos or gametes for surrogacy.
The bill’s concept of altruistic surrogacy sought to guarantee that surrogacy agreements were motivated more by true altruism than by profit. This was seen as a way to provide a stronger moral foundation for surrogacy by safeguarding the interests of the intended parents as well as the surrogate moms.

Although the objectives of these regulations were good, there were a lot of practical problems and consequences. Altruistic surrogacy raised questions about enforcement and potential for exploitation in the absence of clear regulations. Concerns were also raised about how new regulations will impact India’s booming medical tourism industry, which is closely tied to surrogacy.

It is crucial to keep in mind that laws might change, and it’s possible that since the previous update, India’s surrogacy laws have evolved. India’s surrogacy regulations have undergone significant modifications since the Surrogacy (Regulation) Bill, 2019, which followed the 2015 prohibition on commercial surrogacy for foreigners. These modifications were all designed to strengthen surrogacy laws and address moral dilemmas. But since the area is always evolving and has practical applications, it is essential to periodically check for the most current legal developments and expert advice.

Qualifications for Bearing

The legal restrictions of a nation or area may determine the eligibility requirements for surrogacy. For instance, the Surrogacy (Regulation) Bill, of 2019, in India, suggested permitting altruistic surrogacy for Indian couples who are unable of conceiving after at least five years of marriage. They should also have a medical issue that has been shown to need surrogacy.

It is important to remember that qualifying requirements and rules are subject to change and vary from one jurisdiction to the next. When thinking about surrogacy, individuals or couples should review the most recent state-specific legal information and get advice from legal and medical experts to ensure they are aware of all the regulations and eligibility requirements that apply to them.

When is a couple ready to pursue surrogacy?

The choice to become a surrogate is a very private one that is often impacted by a number of variables, such as financial, emotional, and medical ones. The following are some typical situations when individuals or couples may think about becoming surrogate parents:

Health Concerns:

Infertility: Surrogacy may be taken into consideration when individuals or couples have infertility problems and other assisted reproductive technologies (ART) have not proven effective.Medical Conditions: Surrogacy might provide an option to having a biological child if a woman has a medical condition that renders childbearing risky or unfeasible.
Recurrent Loss of Pregnancy:

In order to improve their chances of becoming pregnant, couples who have had repeated miscarriages or many unsuccessful IVF treatments may choose to use surrogacy.
Couples who are same-sex and live together:

One option for a single woman to have a biological kid is via surrogacy. Partners are not involved in the surrogacy procedure in this instance.
Obstetrical Problems:

Surrogacy is an option for women who have uterine issues, such as congenital lack of the uterus or anomalies that hinder a normal pregnancy.
Mother’s Potential Medical Risk:

Surrogacy could be advised if carrying a pregnancy presents a serious medical danger to the intended mother’s well-being.
Previously Failed Attempts:

In the last stages of trying unsuccessfully to conceive via other techniques, individuals or couples may resort to surrogacy.
It is recommended that single women or couples considering surrogacy speak with reproductive endocrinologists, fertility experts, and attorneys. They may provide up-to-date information on the psychological, legal, and medical aspects of surrogacy, helping individuals make well-informed choices according to their circumstances.