Legal process of surrogacy in India, eligibility criteria, and recent amendments
Surrogacy in India refers to an arrangement in which a woman carries and gives birth to a child for another couple or individual who intend to become the child’s parents. Over the years, India became a major destination for surrogacy due to advanced medical facilities and relatively low costs. However, concerns about exploitation and ethical issues led to strict legal regulations. Today, surrogacy in India is governed by the Surrogacy Regulation Act, 2021, which permits only altruistic surrogacy under specific conditions. This topic is important for General Knowledge, law entrance exams, civil services, NEET, and social science studies.
Meaning and Concept of Surrogacy
Surrogacy is a form of assisted reproductive technology in which a woman agrees to carry a pregnancy for another person or couple. After birth, the child is handed over to the intended parents. Surrogacy helps couples facing infertility, medical complications, or other biological challenges to have a child.
Types of Surrogacy
- Traditional Surrogacy - The surrogate mother uses her own egg and is biologically related to the child.
- Gestational Surrogacy - The embryo is created using the egg and sperm of the intended parents or donors, and the surrogate has no genetic link to the child.
- Altruistic Surrogacy - The surrogate mother receives no financial compensation except medical expenses and insurance coverage.
- Commercial Surrogacy - The surrogate is paid beyond medical expenses. This type is banned in India.
History of Surrogacy in India
India allowed commercial surrogacy in 2002, which led to the growth of a surrogacy industry attracting foreign couples. Due to increasing reports of exploitation, abandonment of children, and legal complications, the government introduced regulatory measures. Eventually, commercial surrogacy was banned, and the Surrogacy Regulation Act, 2021 came into force to ensure ethical practices.
Surrogacy Regulation Act, 2021
The Surrogacy Regulation Act, 2021 provides a legal framework for surrogacy in India. It aims to prevent exploitation of surrogate mothers and ensure the rights of children born through surrogacy.
Key Provisions of the Act
- Only altruistic surrogacy is permitted.
- Commercial surrogacy is completely banned.
- Only Indian heterosexual married couples can opt for surrogacy under certain conditions.
- The couple must be married for at least 5 years.
- The surrogate mother must be a close relative and married with at least one child of her own.
- Strict penalties are imposed for violations.
Eligibility Criteria under Surrogacy Regulation Act, 2021
| Category | Requirements | Conditions |
|---|---|---|
| Intended Couple | Indian married couple | Married for 5 years and medically infertile |
| Age Limit | Female 23 to 50 years | Male 26 to 55 years |
| Surrogate Mother | Close relative | Married with one biological child |
The Act ensures that surrogacy is used only as a last resort for couples facing proven infertility. It also mandates insurance coverage for the surrogate mother to safeguard her health.
Objectives of Surrogacy Regulation in India
- Prevent exploitation of poor women.
- Stop commercialization of childbirth.
- Ensure ethical medical practices.
- Protect the rights of children born through surrogacy.
- Establish national and state surrogacy boards for regulation.
Advantages of Surrogacy
- Provides an opportunity for infertile couples to have a biological child.
- Ensures regulated medical procedures under legal supervision.
- Protects women from commercial exploitation under current law.
Issues and Criticism
Despite regulation, surrogacy in India faces criticism. Some argue that restrictive provisions exclude single parents, live-in couples, and LGBTQ individuals. Others believe that banning commercial surrogacy limits financial opportunities for women who willingly choose it. Legal and emotional complexities also arise in cases of medical complications or disputes.
Importance of Surrogacy in Competitive Exams
Surrogacy in India is an important topic in General Knowledge, Current Affairs, and Polity sections of various exams. Questions may focus on the Surrogacy Regulation Act, eligibility conditions, difference between altruistic and commercial surrogacy, and ethical concerns. For NEET aspirants, understanding assisted reproductive technologies is also relevant in Biology.
- Revise key provisions of the Surrogacy Regulation Act, 2021.
- Understand the difference between types of surrogacy.
- Focus on ethical and social implications.
- Stay updated with amendments and Supreme Court judgments.
Conclusion
Surrogacy in India has evolved from a booming commercial industry to a strictly regulated altruistic system. The Surrogacy Regulation Act, 2021 aims to balance the desire of couples to have children with the need to protect women from exploitation. Understanding its legal framework, ethical debates, and social impact is essential for students, competitive exam aspirants, and general readers. This topic reflects the intersection of medicine, law, ethics, and society in modern India.
FAQs on Surrogacy and Indian Regulations Explained for Students
1. What is Surrogacy in India?
Surrogacy in India is a legal arrangement where a woman carries and gives birth to a child for another couple under regulated conditions.
• Surrogacy involves a surrogate mother and intended parents.
• In India, only altruistic surrogacy is allowed under the Surrogacy (Regulation) Act, 2021.
• It is permitted mainly for infertile married couples.
• Commercial surrogacy, where payment is made beyond medical expenses, is banned.
2. What are the types of surrogacy allowed in India?
India permits only altruistic surrogacy and bans commercial surrogacy under current law.
• Altruistic Surrogacy: No financial compensation except medical and insurance expenses.
• Commercial Surrogacy: Involves payment to the surrogate (banned in India).
• The law ensures ethical practices and prevents exploitation of women.
3. What is the Surrogacy (Regulation) Act, 2021?
The Surrogacy (Regulation) Act, 2021 is the Indian law that regulates surrogacy procedures and protects surrogate mothers and children.
• Enforced in January 2022.
• Allows only Indian married couples with proven infertility.
• Bans commercial surrogacy and foreign nationals from availing surrogacy in India.
• Establishes National and State Surrogacy Boards for monitoring.
4. Who is eligible for surrogacy in India?
Only specific categories of couples can opt for legal surrogacy in India under strict eligibility rules.
• Married couple (woman aged 23–50 years, man aged 26–55 years).
• Must provide a certificate of infertility.
• Must not have a surviving biological or adopted child (with limited exceptions).
• Surrogate mother must be a married woman with at least one biological child.
5. Why was commercial surrogacy banned in India?
Commercial surrogacy was banned in India to prevent exploitation and unethical practices in the fertility industry.
• Reports of poor women being exploited for money.
• Rise of surrogacy tourism by foreign nationals.
• Lack of proper legal safeguards for surrogate mothers.
• The government aimed to promote ethical and regulated reproductive technology.
6. What rights does a surrogate mother have in India?
A surrogate mother in India is legally protected under the Surrogacy (Regulation) Act, 2021.
• Entitled to medical expenses and insurance coverage for 36 months.
• Cannot be forced into surrogacy.
• Has the right to withdraw before embryo implantation.
• Protected from exploitation and abandonment.
7. Is surrogacy legal for single parents or LGBTQ couples in India?
Currently, surrogacy in India is restricted and not widely available to single parents or LGBTQ couples under the 2021 law.
• Law primarily allows heterosexual married couples.
• Single women (widow or divorcee) may be eligible under amendments.
• LGBTQ+ couples are not clearly recognized under current surrogacy provisions.
• This remains a debated issue in reproductive rights discussions.
8. What is the difference between surrogacy and IVF?
Surrogacy and IVF are related but different assisted reproductive technologies.
• IVF (In Vitro Fertilization) is a process where fertilization occurs outside the body.
• Surrogacy involves another woman carrying the pregnancy.
• IVF may be used within a surrogacy arrangement.
• Both fall under Assisted Reproductive Technology (ART) laws in India.
9. What is altruistic surrogacy?
Altruistic surrogacy is a form of surrogacy where the surrogate mother receives no monetary compensation except medical expenses.
• Allowed under the Surrogacy (Regulation) Act, 2021.
• Covers medical costs and insurance only.
• Usually involves a close relative or known person.
• Aims to prevent commercialization of childbirth.
10. How did India become a global surrogacy hub?
India became a global surrogacy hub due to affordable medical services and earlier liberal laws.
• Low cost of fertility treatment compared to Western countries.
• Availability of advanced ART clinics.
• Absence of strict regulation before 2015.
• Rise of cross-border surrogacy and medical tourism, which later led to stricter laws.
