Surrogacy in India has become a popular and often sought-after option for individuals and couples around the world who are struggling with infertility. However, navigating the legal landscape of surrogacy in India can be complex and requires a clear understanding of the regulations and frameworks that govern the process. As surrogacy becomes increasingly common, the need for robust legal guidelines to protect the rights of all parties involved, including the surrogate, intended parents, and the child, has grown more pressing.
In the past, India was a global hub for commercial surrogacy, attracting intended parents from various countries due to its relatively affordable cost and lack of strict regulations. However, in 2015, India’s government took a significant step by regulating the practice with the introduction of the Surrogacy (Regulation) Bill. This bill was designed to ensure that surrogacy remains a responsible, ethical practice that protects all individuals involved. It specifically prohibits commercial surrogacy while allowing altruistic surrogacy, where a surrogate is compensated only for medical expenses and other reasonable costs, rather than for the surrogacy itself.
One of the most critical elements of the law is the requirement that surrogacy be undertaken only by married, Indian couples who have been married for at least five years and are unable to conceive. The law is clear in its stance that surrogacy should not be used as a commercial enterprise, and the only intended parents who are eligible are those who are facing medical infertility. This regulation has drawn some criticism, particularly from foreign couples who were previously able to pursue surrogacy in India.
Another significant legal change is the restriction on who can act as a surrogate. The Surrogacy (Regulation) Bill mandates that only women who have already had children of their own may become surrogates. Additionally, the surrogate must be between the ages of 25 and 35. This rule aims to ensure the health and well-being of the surrogate mother and her own family. Surrogacy in India is not allowed for single parents, unmarried couples, or foreigners, although there have been instances where the law has been challenged in court by those who believe it to be discriminatory.
The legal protections for the child born through surrogacy have also been strengthened. The bill emphasizes that the child will have the legal right to the parentage of the intended parents, and their names will appear on the birth certificate. This ensures that the intended parents have full legal rights over the child, avoiding potential custody disputes that could arise in international surrogacy cases.
In addition to these regulations, the Surrogacy Bill has also outlined a process for the registration of surrogacy contracts. The law makes it mandatory for a formal contract to be signed before the surrogate undergoes any medical procedures, ensuring that all parties understand their rights and responsibilities. The intended parents and the surrogate both need to undergo medical and psychological screening before entering into a surrogacy agreement. These steps are crucial for safeguarding the health and well-being of everyone involved.
While the legal landscape for surrogacy in India is increasingly restrictive, the intention is clear: to ensure that surrogacy is carried out ethically and responsibly. As surrogacy laws continue to evolve, it is essential for both intended parents and surrogates to stay informed about the latest legal developments. By understanding the regulations, all parties can navigate this complex and deeply personal journey with greater clarity and peace of mind.
