The Surrogacy (Regulation) Act, 2021, establishes clear guidelines to protect the rights and welfare of surrogate mothers in India. It ensures that the surrogacy process is ethical, safe, and transparent while safeguarding the interests of surrogate mothers and intended parents.
Here’s everything you need to know about the role and responsibilities of surrogate mothers under Indian surrogacy law.
Who is a Surrogate Mother?
A surrogate mother is a woman who voluntarily agrees to carry and give birth to a child for intended parents under the altruistic surrogacy model. The surrogate mother does not receive monetary compensation except for medical expenses and insurance, as mandated by law.
Eligibility Criteria for Surrogate Mothers
To ensure their health and safety, surrogate mothers must meet the following conditions:
- Marital Status:
- The surrogate mother must be married.
- Parental Experience:
- She must have at least one biological child of her own.
- Age Limit:
- The surrogate mother must be between 25 and 35 years old.
- Surrogacy Limitation:
- A woman can act as a surrogate only once in her lifetime.
- Medical and Psychological Fitness:
- The surrogate must undergo comprehensive medical and psychological screening to confirm her suitability for the process.
Responsibilities of Surrogate Mothers
- Medical Compliance:
- The surrogate mother is required to follow all medical advice and attend regular health check-ups throughout the pregnancy.
- Legal Agreement:
- She must sign a legally binding surrogacy agreement, which clearly outlines her responsibilities and protects her rights.
- Altruistic Commitment:
- Under the altruistic surrogacy model, the surrogate provides her services without financial profit, motivated by goodwill and compassion.
- Post-Delivery Responsibility:
- After delivery, the surrogate mother has no parental rights or responsibilities for the child.
Rights of Surrogate Mothers Under Indian Law
- Medical Expenses and Insurance:
- The intended parents must cover all medical expenses related to the pregnancy, including pre- and post-natal care.
- Insurance coverage is mandatory to ensure the surrogate’s financial and health security during and after pregnancy.
- Protection from Exploitation:
- The altruistic surrogacy model prevents financial exploitation, ensuring that the surrogate’s role is voluntary and ethical.
- Legal Safeguards:
- The surrogacy process is governed by the Appropriate Authority and the Surrogacy Board, which ensure compliance with legal and ethical standards, safeguarding the surrogate’s rights.
Ethical Considerations for Surrogate Mothers
Indian law emphasizes the ethical and transparent nature of surrogacy. The altruistic model prevents commercial surrogacy, ensuring that the surrogate’s contribution is recognized and respected without financial transactions. This approach promotes a fair and supportive environment for surrogate mothers.
Surrogacy Process for Surrogate Mothers
- Screening and Selection:
- Prospective surrogate mothers undergo thorough medical and psychological evaluations.
- Legal Formalities:
- A detailed surrogacy agreement is signed, ensuring the surrogate mother’s protection and clarity of roles.
- Medical Procedures:
- The surrogate undergoes the embryo transfer process, followed by regular health check-ups to monitor the pregnancy.
- Delivery and Post-Delivery Care:
- After childbirth, the surrogate mother is provided medical care and support for recovery.
Why the Surrogacy Law Protects Surrogate Mothers
The Surrogacy (Regulation) Act, 2021, aims to:
- Ensure the health and well-being of surrogate mothers.
- Prevent unethical practices or exploitation.
- Create a structured and transparent process that respects the surrogate’s role.
Conclusion
Surrogate mothers play a crucial and compassionate role in the surrogacy process, helping intended parents fulfill their dream of parenthood. The Indian surrogacy law ensures their rights, health, and dignity are safeguarded at every step, fostering a respectful and ethical environment.
