INTRODUCTION
The Surrogacy (Regulation) Act, 2021 is a enacted by the Indian parliament to regulated surrogacy exercise in India. It came into force on 25th January 2022, replacing previously guidelines and attempts to regulate surrogacy. The act aims to exploitation of surrogacy mother. It permits only altruistic surrogacy (where the surrogate mother not pay any extra expenses except medical expenses and insurance) also prevent commercial surrogacy. In this act also included strict regulation for surrogacy procedures and eligibility criteria.
Provision of the Surrogacy (Regulation) Act, 2021
- Definition and Scope- Surrogacy is define as a practice where a women carries and gives birth a child for an intended couple with intention of handing over the child to intending couple after birth.
- Altruistic Surrogacy- Commercial surrogacy is banned. The surrogate mother can only take medical expenses and insurance coverage relating to pregnancy. Surrogate mother cannot receive any monetary benefit.
- Eligibility Criteria for Intended Parents- Must be an Indian couple, and married for at least 5 years. Age limits of male partner 26 to 55 and female partner 23 to 50.Must provide certificate of infertility or medical indication from registered medical practitioner.
- Eligibility Criteria for Surrogate Mothers- Must be a close relative of the intending couple like sister, sister-in-law. Must be a married women age between 25 to 35 years with at least one biological child of her own. Can act as a surrogacy only once in her whole life. Must be a medically and psychologically fit certified by a registered medical practitioner.
- Regulatory Authorities and Boards- Establishment of National and State Assisted Reproductive Technology and Surrogacy Boards to oversee and regulate surrogacy clinics and practices. Surrogacy clinics must be registered and follow strict guidelines.
- Certificates Required- Certificates of essentiality issued by the District Medical Board Confirming medical necessary for surrogacy.
Certificates of eligibility issued to the intending couple and surrogate confirming they meet the acts criteria.
- Prohibitions and Penalties- Commercial surrogacy, sex selection, advertisement of surrogacy service and exploitation of surrogate mother are prohibited. Violation of this act penalties imprisonment up to 10 years and fine up to 10lakh.
- Rights of Child Born Through Surrogacy- The child born by surrogacy is deemed the biological child of the intending parents with full legal right. Disowning the child by the intending parents is strictly prohibited.
- Other Provision- Only one embryo transfer per surrogacy attempt is allowed. Intended parents can try surrogacy up to three times.
CONCLUSION:-
The Surrogacy Regulation Act, 2021 represent a significant step in regulating surrogacy in India, aiming to protect surrogate mother from exploitation. Banning commercial surrogacy and allowing only altruistic surrogacy within close relatives.
