Surrogacy – As Per New Rules Framed By Government of India

About Surrogacy

Having a child is God's gift, but many are not blessed. So, they are looking for options to get a baby with their blood. There are two methods of having a child, one is adoption and, the second is surrogacy. Surrogacy is a form when women become pregnant for another couple. Commercial surrogacy business has grown in India during the last 10 years and a $2- billion industry. The main beneficiaries of surrogacy are foreigners.

Alarmed over the trade the Indian government has banned commercial surrogacy in which the poor woman paid money exploiting their extreme poverty. Across the world, many countries banned surrogacy to product the health of carrying mother and newborn child.

The trigger

The need for surrogacy rules hogged limelight because of two cases. In one case the mother was paid a low compensation than promised and the second case related to the nationality of the child born delivered by a surrogate mother. NGOs have filed Public Interest Litigations (PIL) in the Supreme Court asking for the control of commercial surrogacy. The Law Commission of India in its 22nd report recommended a ban on commercial surrogacy and enacts a law allowing altruistic surrogacy to the childless Indian couples.

Here are new rules for surrogacy

1. Commercial surrogacy

There will be a total ban on commercial surrogacy, as India has become a hunting destination for surrogacy. The new law aims to protect the surrogate mother and their kids.

2. Barring an Indian mother from carrying for foreign nationals

The proposed bill put an end to the practice of carrying a baby for foreign nationals. Non-resident Indians also comes under the bill.

3. A blessing for infertile Indian couples

The proposed law gives big thumbs up to Indian couples who have infertility issue. The bill also bans the homosexual couples, live-in partners, and a single man and woman who may want a surrogate child.

4. Age limit

Want to have a child through surrogacy method, then the couple should live together for 5 years after their marriage. Couples shall fall under the specified age group are eligible to take the surrogacy route. The age limit for men is 26 to 55 years, and for a woman between 23 to 50 years.

5. Pay only medical bills of a surrogate mother

If you meet the conditions mentioned above, you can search for the surrogate mother. The legislation prohibits payment of money but has to bear the medical and other expenses.

6. Only close relatives of the couple are eligible for surrogacy

This point explains the significance of relatives. You may meet regulations but doesn’t have the money for surrogacy. In this case, a close relative can agree to surrogacy without money. This point confirms the helping attitude of Indian culture when their relatives face such an emotional issue.

7. Cannot opt surrogacy more than once

Having a child on their own or adopted a child, the couples are barred from seeking another child through a surrogacy route. The celebrities follow this route though having children and come for severe criticism for this.

8. Surrogacy one time only

Already having a child through a surrogate mother, that’s all for you. You cannot approach for surrogacy again. The rule also applies to the surrogate mother.

9. Regulatory bodies

The legislation suggests the formation of regulatory bodies for surrogacy at the central, state, and union territory levels. The bodies headed by the health ministers of their respective states and at the center with highly renowned persons from the medical fraternity. The body shall oversee all the cases of surrogacy and regulate all the clinics and hospitals that offer these facilities.

10. The consequences of the violation of law

All the hospitals and clinics are barred from doing commercial surrogacy, exploiting the agreed surrogate mother, abandoning the child, importing and selling of human embryo. If they violate the law, then they have to pay a fine of 10 lakh or 10 years of imprisonment. They have to maintain the record for a minimum of 25 years.

11.Grants rights on par with a biological child

If you have a child born through surrogacy, he or she gets the rights of the biological child.

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