Surrogacy, a practice where a woman carries and delivers a child for another individual or couple, has long been a subject of legal, ethical, and social debate in India. While surrogacy is permitted in the country, it is tightly regulated to address concerns about exploitation and the commercialization of the process. This brings us to the question: What are the laws governing surrogacy in India, and who can access it?
The Legal Framework: The Surrogacy (Regulation) Act, 2021
India legalized surrogacy under specific conditions with the enactment of the Surrogacy (Regulation) Act, 2021, replacing an earlier, less regulated system. This law aims to protect surrogate mothers from exploitation, define the rights of all parties involved, and ensure surrogacy is used ethically.
Key highlights of the Act include:
1. Permitted Surrogacy: Only altruistic surrogacy is allowed, meaning the surrogate mother cannot receive any monetary compensation beyond medical expenses and insurance coverage. Commercial surrogacy, where a surrogate is paid for carrying a child, is strictly prohibited.
2. Eligibility Criteria for Intended Parents:
- Marital Status: Surrogacy is permitted for heterosexual couples who have been married for at least five years.
- Age Limits: The male partner must be between 26 and 55 years old, and the female partner between 23 and 50 years old.
- Medical Necessity: The couple must prove infertility or other medical conditions preventing natural conception.
3. Eligibility of the Surrogate Mother:
- The surrogate must be a married woman between 25 and 35 years old.
- She should have at least one biological child.
- She can only act as a surrogate once in her lifetime.
- The surrogate must be a close relative of the intended parents.
4. Ban on Single Parents and LGBTQ+ Couples: The law excludes single individuals, live-in partners, and members of the LGBTQ+ community from accessing surrogacy, sparking criticism for its restrictive approach.
5. Surrogacy Board: A national and state-level surrogacy board monitors the process, ensuring compliance with the Act.
Impact of the Law
The Surrogacy Act has dramatically transformed how surrogacy operates in India. Previously, the country was a global hub for commercial surrogacy, attracting foreign couples due to its relatively low costs. The new law, however, prohibits foreigners from seeking surrogacy in India, reserving the option exclusively for Indian citizens.
While the Act aims to curb exploitation and prioritize ethical practices, it has also significantly reduced the number of surrogacy cases due to its stringent criteria.
Ethical and Social Considerations
- Exploitation Concerns: India’s ban on commercial surrogacy addresses the issue of exploitation, particularly of economically disadvantaged women who were often coerced into becoming surrogates for financial gain.
- Exclusionary Practices: Critics argue that excluding single individuals, LGBTQ+ couples, and foreigners undermines the principles of equality and inclusivity. The restrictions also leave little room for women who wish to act as surrogates by choice.
- Impact on the Child: The law ensures legal clarity about the parentage of the child, preventing disputes between surrogate mothers and intended parents.
Challenges and the Way Forward
The law, while progressive in some aspects, faces several challenges:
- Enforcement: Proper implementation and monitoring are required to ensure compliance and prevent illegal surrogacy practices.
- Inclusivity: Advocates call for amendments to allow single parents and LGBTQ+ couples to access surrogacy.
- Awareness: Educating people about the legalities of surrogacy can help reduce stigma and misinformation surrounding the practice.
Conclusion
Yes, surrogacy is allowed in India, but it is tightly regulated under the Surrogacy (Regulation) Act, 2021. The law seeks to balance ethical practices with the rights of all parties involved, though it has drawn criticism for its exclusionary provisions. As societal norms evolve, there is hope that the legislation will adapt to embrace a more inclusive and progressive approach to surrogacy, ensuring that all individuals, regardless of their background, have the opportunity to build families in a safe and ethical manner.
