The Surrogacy (Regulation) Act, 2021 is a significant piece of legislation that aims to regulate surrogacy in India. The Act seeks to protect the rights of surrogate mothers and children born through surrogacy, as well as provide a legal framework for intended parents seeking to start a family through surrogacy.
One of the key provisions of the Act is that it only allows for “altruistic surrogacy,” meaning that surrogates cannot be paid for their services. This is meant to ensure that surrogacy is not exploited for financial gain and that surrogates are motivated by a desire to help others rather than by financial considerations.
The Act also requires that surrogates be at least 25 years old and have already given birth to a child, in order to ensure that they are physically and emotionally capable of carrying a pregnancy. Intended parents must also meet certain eligibility criteria, including being at least 23 years old and being infertile or having a medical condition that prevents them from giving birth.
Another important aspect of the Surrogacy (Regulation) Act, 2021 is that it requires the creation of a surrogacy board at the national and state levels. These boards will be responsible for overseeing surrogacy arrangements and ensuring that they comply with the provisions of the Act. The boards will also have the authority to issue licenses to infertility clinics and other medical facilities that offer surrogacy services.
The Act also includes provisions related to the custody and care of surrogate children. It requires that the intended parents be recognized as the legal parents of a child born through surrogacy, and that the surrogate mother have no legal rights or obligations towards the child. However, the Act also requires that intended parents provide for the welfare and upbringing of the child, and that the surrogate mother be provided with medical and financial assistance during the pregnancy and post-delivery.
One potential concern with the Surrogacy (Regulation) Act, 2021 is that it only allows for surrogacy by married couples. This may exclude single individuals or same-sex couples from pursuing surrogacy as a means of starting a family. It is worth noting, however, that the Act allows for surrogacy by single women, which may provide some options for individuals who do not meet the eligibility criteria for married couples.
The Surrogacy (Regulation) Act, 2021 is a comprehensive piece of legislation that seeks to regulate and protect the rights of all parties involved in surrogacy arrangements. While it may have some limitations, it represents a positive step towards ensuring that surrogacy is conducted in an ethical and responsible manner.
Overall, the Surrogacy (Regulation) Act, 2021 is a positive step towards regulating and protecting the rights of all parties involved in surrogacy arrangements. It provides a legal framework that ensures that surrogacy is not exploited and that the interests of surrogates and children born through surrogacy are safeguarded.