Latest Surrogacy Laws in India: A Comprehensive Guide for Intended Parents
India has undergone significant changes in its surrogacy laws over recent years, transitioning from a popular international surrogacy destination to a country with stricter regulations. The latest legislation provides a clearer framework for surrogacy while placing limitations on certain types of surrogacy arrangements. Here’s an overview of the current legal landscape of surrogacy in India and what it means for intended parents.
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Background of Surrogacy in India
India was once a global surrogacy hub due to its affordable healthcare, skilled medical professionals, and supportive surrogacy clinics. However, concerns around the exploitation of surrogates, ethical issues, and unregulated practices led to increased scrutiny. This shift culminated in the Surrogacy (Regulation) Act, which established a structured legal framework and introduced significant limitations on who can participate in surrogacy.
Key Points of the Surrogacy (Regulation) Act, 2021 The Surrogacy (Regulation) Act, passed in 2021, was implemented to address ethical concerns and ensure the welfare of surrogates. Here are the main aspects of the legislation: 1. Prohibition on Commercial Surrogacy: Commercial surrogacy, in which a surrogate is compensated beyond medical and basic expenses, is strictly prohibited. Only altruistic surrogacy is allowed, where no financial gain is involved other than covering essential medical expenses. 2. Eligibility Criteria for Intended Parents: The act restricts surrogacy to Indian heterosexual married couples who have proven infertility. Couples must be between 23-50 years (for women) and 26-55 years (for men) to qualify. Single parents, same-sex couples, and foreign nationals are not eligible under the current law. 3. Mandatory Medical and Psychological Screenings: Intended parents must undergo medical and psychological screenings to establish their need for surrogacy. Additionally, they are required to secure a certificate of infertility from a government-authorized medical board. 4. Selection of the Surrogate: Only close relatives of the intended parents may act as surrogates under the altruistic surrogacy model. Surrogates must be married, have at least one child, and be between the ages of 25-35. This ensures that surrogates are emotionally and physically prepared for the process. 5. Legal and Regulatory Safeguards: To ensure compliance, the act mandates that all surrogacy arrangements be approved by a national or state surrogacy board. These boards are responsible for monitoring surrogacy clinics, maintaining records, and regulating the application process. 6. Focus on Surrogate Welfare: The law places strong emphasis on the rights and well-being of surrogates. Surrogates must give informed consent and are entitled to appropriate medical care throughout pregnancy and after childbirth. Clinics are also prohibited from exploiting surrogates and are held accountable for any malpractice.
Impact on Surrogacy in India These new regulations have significantly reduced the number of eligible surrogacy cases, particularly for foreigners and same-sex couples, who now seek surrogacy options in other countries. The law ensures greater protection and transparency in surrogacy arrangements but limits the availability of surrogacy to Indian nationals within specified eligibility criteria.
Alternatives to Surrogacy in India for International Intended Parents
Due to the restrictive surrogacy laws in India, many international couples are turning to countries like Georgia, Ukraine, and the United States, where surrogacy laws are more accommodating. Each country has its own legal framework, so intended parents are encouraged to thoroughly research each option or consult with a surrogacy agency specializing in these destinations.
Conclusion The Surrogacy (Regulation) Act, 2021, marks a new era of ethical and regulated surrogacy Laws in India, prioritizing the welfare of surrogates and introducing clear eligibility requirements for intended parents. While it restricts access for some, it aims to create a safer and more transparent environment for surrogacy in India. If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at Georgia Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.
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