Is surrogacy legal in india?
Since the beginning of the 21st century, India had been a popular destination for surrogacy due to fewer regulations and lower costs. However, the landscape of surrogacy in India has experienced significant changes over the past decade, transforming from an unregulated field into a heavily regulated one. This guide explores the chronological evolution of surrogacy laws in India from 2010 to the present day.
Section 1: Surrogacy in India: The Early 2010s
Up until the mid-2010s, India was considered the "surrogacy capital of the world". The practice was legal and unregulated, attracting many foreign intended parents. However, concerns about potential exploitation of surrogates and unethical practices prompted the government to review its stance on surrogacy.
Section 2: The Initial Changes: 2015-2020
In 2015, the Indian government issued a directive prohibiting foreign intended parents from entering surrogacy arrangements in India. This change was codified into law in 2020 with the Surrogacy (Regulation) Act, which limited surrogacy services to Indian citizens and introduced regulations to protect the rights of surrogates.
Section 3: The Surrogacy (Regulation) Act 2021
In 2021, the Surrogacy (Regulation) Act was further revised. The new laws restricted surrogacy services to married Indian couples who have been legally married for at least five years, and who could provide a certificate of proven infertility. Furthermore, surrogacy was limited to a 'close relative' of the couple, adding a layer of complexity to finding a suitable surrogate.
Section 4: The Consecutive Amendments: 2022 and 2023
Amendments in 2022 and 2023 further tightened surrogacy regulations. The laws now stipulate that surrogates must be married, have at least one biological child, and be within the age group of 25 to 35 years. Commercial surrogacy was outlawed, with only altruistic surrogacy allowed, and surrogates were only permitted to carry one pregnancy in their lifetime for surrogacy purposes.
Key provisions of the 2019 bill included:
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Surrogacy is only legal for intending couples who have been married for at least five years and are between 23-50 years old for women and 26-55 years old for men.
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Surrogacy is only legal for intending couples who are unable to conceive a child after five years of trying or for whom pregnancy is medically unsafe or likely to result in life-threatening conditions or serious permanent injury.
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Commercial surrogacy, where a surrogate mother is paid beyond reasonable medical expenses and insurance, is prohibited.
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Only altruistic surrogacy, where the surrogate mother is a 'close relative' of the intending couple and receives no financial reward beyond reasonable medical expenses and insurance, is permitted.
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The surrogate mother must be a married woman who has already given birth to a healthy child.
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Both the intending couple and the surrogate mother need eligibility certificates from the appropriate authority. (“A Womb of One's Own: Privacy and Reproductive Rights”)
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There will be a National Surrogacy Board at the central level and State Surrogacy Boards and appropriate authorities in the States and Union territories.
These laws marked a significant departure from India's previous stance, where commercial surrogacy was allowed, and India was considered a global destination for surrogacy services.
Section 5: Understanding Eligibility for Surrogacy in India
What do women in india think of surrogacy?
Under the new laws, surrogacy is restricted to heterosexual Indian couples who have been legally married for at least five years and have a medical certificate of proven infertility. Additionally, they should not have any surviving child, barring exceptions for mentally or physically challenged children or those with life-threatening disorders.
Surrogacy is now limited to married Indian women who have at least one child of their own and are between the ages of 25 to 35. They can only be a surrogate once and must be a close relative to the intended parents. These restrictions aim to safeguard the surrogate but have inevitably reduced the pool of potential surrogates.
No poll has asked Indian women what they think of the new laws, considering that many can as a result no longer hae he child they have pined for.