Introduction
Surrogacy has long been a subject of debate in India, largely due to concerns about the ethical, medical, and social implications it raises. To address these issues and provide a legal framework, the Surrogacy (Regulation) Act, 2021 was introduced by the Indian Parliament. The Act officially came into force on 25th January 2022, replacing the earlier guidelines and unregulated practices.
- Purpose: To create a uniform legal structure for surrogacy practices in India.
- Enforcement Date: 25 January 2022.
- Authority: Indian Parliament.
The key objective of the Act is to:
- Prevent the exploitation of women acting as surrogates.
- Ban unethical commercial surrogacy practices.
- Safeguard the interests of the surrogate mother, the intending couple, and the child born through surrogacy.
Key Provisions of the Surrogacy (Regulation) Act, 2021
1. Definition and Scope
The Act defines surrogacy as a practice where a woman carries and delivers a child for an intending couple with the objective of handing over the child to them after birth.
2. Altruistic Surrogacy Only
- Commercial surrogacy (where the surrogate mother is paid beyond medical and insurance expenses) is banned.
- Only altruistic surrogacy is allowed, where the surrogate mother is compensated solely for medical costs and insurance associated with the pregnancy.
3. Eligibility Criteria for Intended Parents
| Criteria | Details |
|---|---|
| Citizenship | Must be Indian citizens |
| Marital Status | Legally married for at least 5 years |
| Age Requirements | Husband: 26 to 55 years Wife: 23 to 50 years |
| Medical Certificate | Must produce a certificate of infertility or medical necessity from a registered medical practitioner |
4. Eligibility Criteria for Surrogate Mothers
- Should be a close relative of the couple (e.g., sister or sister-in-law).
- Only married women aged 25–35 years are eligible.
- Should have at least one biological child of her own.
- Can undertake surrogacy only once in her entire life.
- Must undergo medical and psychological evaluation and be certified fit by a registered medical practitioner.
5. Regulatory Authorities and Oversight
The Act provides for the establishment of:
- National Assisted Reproductive Technology and Surrogacy Board
- State Assisted Reproductive Technology and Surrogacy Boards
These boards:
- Regulate and register surrogacy clinics.
- Monitor compliance with ethical and medical standards.
- Oversee implementation of the Surrogacy Act across states.
6. Certificates Required
- Essentiality Certificate: Issued by the District Medical Board, confirming the medical necessity of surrogacy.
- Eligibility Certificate: Issued to both intending parents and the surrogate to confirm compliance with legal requirements.
7. Prohibitions and Penalties
| Banned Practices | Penalties |
|---|---|
| Commercial surrogacy Sex-selective surrogacy Advertising surrogacy services Exploitation of surrogate mothers | Imprisonment up to 10 years Fine up to ₹10 lakh |
8. Rights of the Child Born Through Surrogacy
- The child is recognized as the biological offspring of the intending parents.
- The intending parents cannot abandon or disown the child under any circumstances.
Conclusion
The Surrogacy (Regulation) Act, 2021 represents a landmark reform in India’s reproductive healthcare laws. By banning commercial surrogacy and allowing only altruistic arrangements restricted to close relatives, the Act seeks to protect vulnerable women from exploitation while ensuring that surrogacy remains an ethical and safe option for couples facing infertility. This legal framework not only safeguards surrogate mothers but also guarantees the rights and dignity of children born through surrogacy.
Frequently Asked Questions (FAQ)
1. What is the main objective of the Surrogacy (Regulation) Act, 2021?
- The Act aims to prevent exploitation of women.
- It bans commercial surrogacy in India.
- It ensures ethical practice of altruistic surrogacy.
2. Can foreign couples opt for surrogacy in India under this law?
- No, the Act applies only to Indian married couples.
- Foreign nationals, Overseas Citizens of India (OCI), and Persons of Indian Origin (PIO) are not permitted to apply.
3. Is single-parent or same-sex couple surrogacy allowed in India?
- No, only married heterosexual Indian couples who meet eligibility conditions can access surrogacy.
4. Who can be a surrogate mother under the Act?
- Must be a close relative of the intending couple.
- Must be a married woman aged 25–35 years.
- Must have at least one biological child.
- Can act as a surrogate only once in her lifetime.
5. What happens if someone engages in commercial surrogacy?
- Engaging in commercial surrogacy is a criminal offence.
- Punishable by up to 10 years of imprisonment and a fine of up to ₹10 lakh.
6. Does the child born through surrogacy have legal rights?
- Yes, the child is recognized as the biological and legal child of the intending couple.
- The child enjoys full rights accordingly.
