Impact of the New Surrogacy Law on Surrogate Mothers in India

India has long been a popular destination for surrogacy, attracting intended parents from around the world due to its affordable options and high-quality medical services. However, the surrogacy landscape has undergone significant changes with the introduction of the new Surrogacy Law in India. This law, aimed at regulating surrogacy practices and ensuring the welfare of all parties involved, has had a profound impact on surrogate mothers in the country, particularly regarding altruistic surrogacy in India.

The New Surrogacy Law in India

In December 2021, the Indian government passed the Assisted Reproductive Technology (ART) Regulation Bill, which includes new provisions for surrogacy. This law primarily focuses on banning commercial surrogacy while promoting altruistic surrogacy. Under altruistic surrogacy, a surrogate mother is not paid beyond the medical and insurance expenses incurred during the pregnancy. The intention behind this law is to protect women from exploitation and to ensure ethical practices within the surrogacy process.

Key Provisions of the Surrogacy Law

The new surrogacy law outlines specific criteria for surrogate mothers, including:

1. Eligibility: The surrogate mother must be a married woman aged between 25 and 35 years and have at least one child of her own. She should also be a close relative of the intended parents to prevent commercial exploitation.

2. Altruistic Surrogacy: The law only allows altruistic surrogacy in India, which means the surrogate mother cannot receive any financial compensation beyond the reimbursement of medical expenses and insurance. This measure aims to prevent the commercialization of surrogacy and the exploitation of women.

3. Screening and Medical Care: The law mandates thorough screening and counseling for both the surrogate and the intended parents. It also ensures that medical expenses, health care, and insurance coverage are adequately provided to the surrogate throughout the process.

4. Legal Framework: The law ensures that surrogacy agreements are legally binding, with clear terms regarding the rights and responsibilities of the surrogate and intended parents. It also provides a framework for handling disputes and ensures the surrogate’s right to make decisions regarding her health.

Impact on Surrogate Mothers

The new surrogacy law has led to both positive and challenging outcomes for surrogate mothers in India.

1. Protection from Exploitation: One of the primary objectives of the new law is to prevent the exploitation of surrogate mothers. By restricting surrogacy to altruistic arrangements, the law eliminates the possibility of commercial surrogacy where women could be coerced or financially exploited. This ensures that the decision to become a surrogate is made with careful consideration and is not driven by financial pressures.

2. Emphasis on Health and Well-being: The law mandates that surrogate mothers receive adequate medical care, health insurance, and support throughout their pregnancy. This is a significant improvement over previous practices, where surrogate mothers often lacked adequate medical attention and support during the pregnancy. With proper medical screening and insurance coverage, surrogate mothers can feel more secure about their health and well-being.

3. Psychological Support and Counseling: The law emphasizes the importance of psychological counseling for surrogate mothers, which helps them cope with the emotional aspects of surrogacy. This support is vital to ensure that surrogate mothers make informed decisions and have the mental and emotional support they need throughout the process.

4. Restrictions on Commercial Surrogacy: While the law aims to protect surrogate mothers from exploitation, it also restricts the financial compensation that they can receive. This shift from commercial surrogacy to altruistic surrogacy may discourage some women who previously considered surrogacy as a financial opportunity. While the intention behind this is to ensure that surrogacy is not commercialized, it may limit the number of women willing to become surrogates.

5. Legal and Social Implications: The legal framework for altruistic surrogacy in India ensures that surrogate mothers have legal protection. However, some challenges may arise in terms of handling disputes between the surrogate and the intended parents, particularly if there are disagreements over the surrogacy process or the child’s custody.

Altruistic Surrogacy in India: A Changing Landscape

Altruistic surrogacy in India is a significant shift from the previous model of commercial surrogacy, where surrogates were compensated handsomely for carrying a child. While altruistic surrogacy aims to prioritize ethical considerations, it also brings with it a more complicated emotional and financial landscape for surrogate mothers. Surrogates are no longer compensated for their services in the same way, which could limit the appeal of surrogacy for some women.

However, altruistic surrogacy offers a more compassionate and humane approach. The focus is on helping intended parents who are unable to conceive naturally, and the surrogate is compensated solely for her expenses. This shift aligns with the ethical standards of ensuring that surrogacy is a voluntary act, carried out with full consent, and without the commercial pressures of the past.

Conclusion

The new Surrogacy Law in India marks a major shift in the way surrogacy is approached, with a focus on altruistic surrogacy and the protection of surrogate mothers. While this law aims to eliminate exploitation and ensure the health and safety of surrogate mothers, it also presents challenges, particularly regarding the financial incentives that once encouraged women to become surrogates. Overall, the law seeks to establish a more ethical framework for surrogacy, one that ensures the rights of surrogate mothers and intended parents are upheld in a fair and regulated manner.