Understanding the Legal Framework of Surrogacy Treatment in India

Surrogacy has emerged as a viable solution for couples and individuals struggling with infertility. However, with its rising popularity, the need for a robust legal framework has become paramount. Understanding the legal framework of surrogacy treatment in India is essential for intended parents, surrogate mothers, and professionals in the field.

The Evolution of Surrogacy Laws in India

India has been a popular destination for surrogacy due to its advanced medical facilities and cost-effective treatment options. However, unregulated surrogacy practices led to ethical and legal concerns, prompting the Indian government to introduce stricter regulations.

The Surrogacy (Regulation) Act, 2021, is the cornerstone of the legal framework governing surrogacy treatment in India. This law aims to regulate surrogacy practices and ensure ethical and safe procedures for all parties involved.

Key Provisions of the Surrogacy (Regulation) Act, 2021

1. Altruistic Surrogacy:
   The law permits only altruistic surrogacy, where the surrogate mother does not receive any monetary compensation apart from medical expenses and insurance coverage. This eliminates the commercial aspect of surrogacy.

2. Eligibility Criteria for Intended Parents:
   Intended parents must fulfill specific eligibility criteria, such as being Indian citizens, having a proven medical need for surrogacy, and being within the prescribed age limits (23–50 years for women and 26–55 years for men).

3. Eligibility for Surrogates:
   Surrogates must be married women aged between 25 and 35 years with at least one biological child. They are allowed to act as surrogates only once in their lifetime.

4. Mandatory Registration:
   Surrogacy centres in India are required to register with the appropriate authorities to ensure adherence to legal and ethical standards. Intended parents must also seek approval from a surrogacy board before proceeding with the treatment.

5. Prohibition of Commercial Surrogacy:
   Commercial surrogacy, involving monetary transactions beyond medical expenses, is strictly prohibited. This ensures that surrogacy treatment in India focuses on helping families rather than exploiting surrogate mothers.

The Role of Surrogacy Centres in India

Surrogacy centres in India play a pivotal role in guiding intended parents through the legal and medical aspects of surrogacy. They ensure compliance with the Surrogacy Act by:

• Providing legal counseling to intended parents and surrogate mothers.

• Assisting with the documentation required for approval.

• Facilitating medical evaluations and psychological support.

• Coordinating with registered authorities to ensure a seamless process.

Challenges and the Way Forward

While the new surrogacy law in India aims to eliminate unethical practices, it has also posed challenges for many couples. The restriction to altruistic surrogacy excludes single parents, same-sex couples, and foreigners from availing of surrogacy treatment in India.

To address these challenges, awareness campaigns and better implementation mechanisms are necessary. Surrogacy centres in India must prioritize ethical practices while supporting families in navigating the legal framework effectively.

Conclusion

The legal framework for surrogacy treatment in Delhi, India is designed to protect the interests of all parties involved. By adhering to the provisions of the Surrogacy (Regulation) Act, intended parents and surrogacy centres in India can ensure a safe and ethical journey towards parenthood. Families considering surrogacy must consult registered surrogacy centres and legal professionals to understand their rights and responsibilities under the law.