Author: G. HARINI, 4TH YEAR B.A.L.L.B.,
GOVERNMENT LAW COLLEGE, THENI.
INTRODUCTION:
The Surrogacy (Regulation) Act, 2021, which outlines the guidelines for surrogacy arrangements in India and attempts to safeguard the interests of intended parents, surrogates, and the child born through surrogacy, was introduced by the Indian government at the end of 2021. The most recent surrogacy law in India permits altruistic surrogacy for Indian couples and OCI card holders who do have medical indications for surrogacy. In this article, we will delve deeper into the Surrogacy (Regulation) Act, 2021, which is the most recent surrogacy legal framework if you are looking to do surrogacy in India. Let’s discuss the legal framework for surrogacy and the cost of surrogacy in India in great detail. This law has criminalized commercial surrogacy and restricted who can become a surrogate or intended parent.
Altruistic Surrogacy Law in India:
In order to prevent the exploitation of women who might be persuaded to participate in commercial surrogacy arrangements, the new surrogacy law in India forbids commercial surrogacy. The surrogacy law in India for 2021 permits only altruistic surrogacy, which calls for the surrogate mother to carry the child in order to assist another person or couple without receiving any financial compensation other than insurance coverage and medical costs.
This clause prioritizes the welfare of all parties involved in surrogacy arrangements and guarantees that they remain transparent and ethical in India. The law also lays out a number of requirements that must be fulfilled before a couple or individual chooses to become a surrogate in India, underscoring the significance of responsible and regulated surrogacy practices in the nation.
Guidelines for Surrogacy:
The Indian surrogacy law of 2021 has set eligibility requirements for intended parents who wish to engage in surrogacy. Specifically, the law stipulates that the intended couple must be lawfully married and meet certain age requirements. Specifically, the female partner must be between the ages of 23 and 50, and the male partner must be between the ages of 26 and 55.
In addition, they have to be free of biological children from a previous marriage and have a willing surrogate who should be married and have at least one child of her own. Single women can also be intended parents if they are between the ages of 35 and 45 and are married, divorced, or widowed. However, they cannot be surrogates if they have a living child from a previous marriage.
Legal Requirements for Surrogacy in India as per Surrogacy (Regulation) Act, 2021:
The recently enacted surrogacy law in India (2021) stipulates a number of legal requirements that intended parents and surrogates must adhere to. These requirements include the submission of various documents, such as proof of marriage, age certificates, and a certificate of essentiality for the surrogate, in addition to a medical indication obtained from the District board and a certificate of eligibility from the Board for the surrogate.
The surrogate must have three years of insurance, and the intended parents must provide an affidavit or guarantee of the surrogate’s health. They also have to pay for the surrogate’s travel, clothing, medications, tests, and check-ups, but they cannot offer any financial assistance.
Instructions for Surrogate Mother:
In order to ensure that surrogacy is a successful decision, a surrogate must fulfill a number of complex requirements. First and foremost, she must be a married woman between the ages of 25 and 35 who has at least one biological child. She must also genuinely wish to carry a child for another couple without receiving any financial compensation, as commercial surrogacy is strictly prohibited.
In order to minimize risks to herself and the child, medical and psychological fitness certificates are also necessary to verify that the surrogate is physically and mentally capable of undergoing surrogacy. Lastly, surrogacy is regulated to guarantee safety, with each surrogate permitted only one attempt and the intended parents limited to three attempts. During each attempt, only one embryo can be transferred, guaranteeing the highest level of safety for all parties involved.
Current Surrogacy Process in India:
Please read below the basic Surrogacy steps:
Intended Parents eligibility
The intended parents must meet various requirements, including those related to law, health, nationality, age, and so on.
Surrogacy Legal Documentation
The legal team will walk you through the new laws and procedures at this crucial stage of the surrogacy process, prepare the necessary agreements, affidavits, and other paperwork, and file it with the appropriate authorities for approval.
NOC and Court order
The Board and the appropriate authority must provide an essentiality certificate, after which the court must issue an order.
Surrogate Verification
After receiving confirmation from the appropriate authority, the surrogate will prepare her uterus and be ready for transfer.
IVF Process
After all the paperwork is in order, we can begin the IVF procedure, prepare the surrogate, and schedule the transfer date.
Ante-natal Care (Pregnancy)
Throughout the nine months, we keep in regular contact with you to update you on the status of the pregnancy and surrogate care.
Coordinating Delivery
We assist in arranging the delivery and necessary care close to the due date. After the baby is born, you will be required to stay in the hospital for two to three days to make sure the baby is healthy.
Closure of Surrogacy
After a month or two of giving birth, if the surrogate is in good health, she signs a NOC, which ends the program.
Cost of surrogacy in india:
The cost of surrogacy in India is between 10 and 20 lakh rupees, but this can vary depending on the state, IVF clinics, fertility specialists, legal compliances, and what services are included in the surrogacy package cost. This is one of the most frequently asked questions about how much surrogacy costs in India. Without getting into any jargon, let’s talk about what surrogacy treatment costs in India and whether this is the right fertility treatment option for you or not.
CONCLUSION:
The new surrogacy law that India enacted in 2021 has been a major step towards regulating the surrogacy industry and addressing ethical and exploitative concerns. The Act has given prospective parents who are looking for surrogacy services confidence, as it ensures transparency and safety while protecting the fundamental rights of the surrogate mother and child. This is mainly because of the severe penalties that those who violate the Act face, which include fines of up to Rs 10 lakh and imprisonment. The nation’s unwavering commitment to safeguarding all parties involved is demonstrated by the ongoing improvements made to surrogacy regulations in India. In addition, the Indian government’s commendable efforts to promote ethical surrogacy practices have enhanced the country’s standing in the international surrogacy industry.
The Act has given prospective parents seeking surrogacy services confidence, guaranteeing transparency and safety while protecting the fundamental rights of the surrogate mother and child. The ongoing improvement of surrogacy laws in India is indicative of the country’s strong commitment to protecting all parties involved.
Frequently Asked Questions:
What are India’s surrogacy legislation penalties?
Those who violate surrogacy laws in India may face significant penalties, such as a maximum fine of Rs 10 lakh and imprisonment for up to 10 years.
Can the surrogate mother receive any monetary compensation?
No, the surrogate mother cannot receive monetary compensation for her services. However, the intended parents can compensate her for travel, clothes, medicine, tests, check-ups, etc.
What are the new rules for surrogacy in India in 2024?
India’s latest surrogacy regulations firmly prohibit commercial surrogacy. Surrogate mothers can no longer receive financial compensation beyond medical expenses and insurance coverage, reinforcing the altruistic nature of surrogacy.
