As of my last knowledge update in September 2021, I can provide information about the law of surrogacy in India at that time. However, please note that laws are subject to change, and it’s always best to consult updated and authoritative sources or legal professionals for the most current information.
In India, surrogacy was regulated by the Assisted Reproductive Technology (ART) Regulation Bill, 2020, which was passed by the Indian Parliament. The Bill aimed to provide a legal framework for surrogacy in the country. Some key provisions of the Bill include:
- Eligibility: Only Indian citizens who are married and have been married for at least five years can avail of surrogacy services. They must also fall within the age range of 23 to 50 years for females and 26 to 55 years for males.
- Types of Surrogacy: The Bill allows for altruistic surrogacy, where the surrogate mother can only be a close relative of the intended parents. Commercial surrogacy, where monetary compensation is involved, is not permitted.
- National and State Surrogacy Boards: The Bill establishes a National Surrogacy Board and State Surrogacy Boards to regulate and oversee surrogacy arrangements. These boards are responsible for granting permission, reviewing applications, and addressing any concerns related to surrogacy.
- Consent and Agreement: The Bill requires both the surrogate mother and the intended parents to provide their informed consent before entering into a surrogacy arrangement. The agreement should be in writing, duly registered, and legally enforceable.
- Parentage and Citizenship: The child born through surrogacy will be deemed the biological child of the intending couple. The intending couple will be the legal parents and the child will have all the rights and privileges of a natural-born child. The child will be entitled to citizenship as applicable under the law.
Please note that the above information is based on the Assisted Reproductive Technology (ART) Regulation Bill, 2020, which was passed by the Indian Parliament. However, there may have been subsequent developments or changes in the law since my last update. It is advisable to consult the most recent legislation or seek legal advice for up-to-date information.
