The Surrogacy (Regulation) Act, 2021
The Act provides a framework for ethical and altruistic surrogacy practices in India. Below are the key provisions:
- Definition of Surrogacy:
- Altruistic Surrogacy: Only altruistic surrogacy is allowed, meaning the surrogate mother cannot be compensated beyond medical expenses and insurance.
- Commercial Surrogacy: Completely prohibited, including any form of payment to the surrogate mother.
- Eligibility Criteria:
- For Intended Parents:
- Must be an Indian citizen.
- Must be a married heterosexual couple.
- The wife should be aged between 25-50 years, and the husband between 26-55 years.
- Must have a proven medical condition necessitating surrogacy.
- For Surrogate Mother:
- Must be a close relative of the intended parents.
- Should be a married woman with at least one biological child.
- Must be aged between 25-35 years.
- Can only act as a surrogate once in her lifetime.
- For Intended Parents:
- Prohibition of Certain Practices:
- No sex-selective surrogacy.
- No commercial surrogacy.
- No foreign nationals, same-sex couples, or live-in partners are permitted to engage in surrogacy in India.
- Regulation and Oversight:
- Establishment of surrogacy boards at national and state levels to monitor surrogacy practices.
- Clinics offering surrogacy services must be registered and follow ethical guidelines.
- Parental Rights:
- The child born through surrogacy is legally deemed to be the biological child of the intended parents.
- The surrogate mother has no parental rights over the child.
Key Takeaways
- Surrogacy in India is limited to altruistic arrangements under strict eligibility criteria.
- Lawyers ensure the legality of agreements and safeguard the rights of both the surrogate and intended parents.
- Non-compliance with the law can lead to severe penalties, including imprisonment and fines.
If you’re involved in or planning a surrogacy arrangement, consulting an experienced surrogacy lawyer is essential to navigate these legal intricacies.
