Surrogacy in India is regulated by the Surrogacy (Regulation) Act, 2021, which sets forth certain conditions for individuals and couples looking into this option for becoming parents. The following is a detailed guide specific to the Indian legal system:
Understanding Surrogacy in India
The Surrogacy (Regulation) Act, 2021, comprehensively defines surrogacy as a process through which a woman gets impregnated and gives birth to a child for another couple or person with the intention of transferring the child after delivery. The Act only allows altruistic surrogacy and prohibits any kind of commercial surrogacy.
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Who Is Eligible for Surrogacy in India?
Based on the Act, the following requirements should be fulfilled by intending parents:
Marital Status: Intended parents should be a legally wedded Indian couple.
Duration of Marriage: The couple should have been married for a minimum of five years.
Age Requirements: The male partner should be between 26 and 55 years.
The female partner should be between 23 and 50 years.
Medical Criteria: The couple should have a medical certificate establishing infertility.
Parental Status: The couple should not have any living biological, adopted, or surrogate children, unless the current child is physically or mentally handicapped or has a life-threatening disorder.
Who Can Be a Surrogate Mother?
The Act lays down the following requirements for a woman to serve as a surrogate:
Relationship to Intended Parents: The surrogate should be a close relative of the intended parents.
Marital Status: She should be married.
Parental Status: The surrogate should have a minimum of one biological child of her own.
Age Requirements: The surrogate must be between the ages of 25 and 35.
Frequency of Surrogacy: A woman may serve as a surrogate mother only once in her life.
Prohibitions Under the Act
The Surrogacy (Regulation) Act, 2021, imposes various prohibitions to control the practice:
Commercial Surrogacy
Every other form of commercial surrogacy is prohibited. Altruistic surrogacy alone, with no financial reimbursement to the surrogate mother except for medical costs and insurance coverage, is allowed.
Eligibility Restrictions: Single people, lesbian couples, and live-in partners are not allowed to avail surrogacy at present.
Ethical and Legal Considerations:
The Act seeks to avoid the exploitation of surrogate mothers and protect the welfare of the child. It requires the setting up of National and State Surrogacy Boards to regulate and monitor surrogacy activities throughout the nation.
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Conclusion
The Surrogacy (Regulation) Act, 2021, also specifies certain eligibility conditions and regulations for intending to pursue surrogacy in India. The intending parents need to make sure they fulfill all legal conditions and meet with recognized surrogacy clinics and legal advisors to complete the process as per the law.