SURROGACY IN INDIA

INTRODUCTION: Surrogacy is a practice in which a third-party woman carries and gives birth to another couple’s child. This could be due to a variety of medical issues preventing the mother from giving birth or having children.

The word “surrogacy” comes from the Latin word “subrogate,” which meaning “to supplant.” Surrogacy is frequently pursued when pregnancy is either medically impossible or regarded to be extremely dangerous to the mother’s health. It is not a new concept to refer to couples pursuing surrogacy as intended parents.

DEFINITION OF SURROGACY: The Surrogacy (Regulation) Bill of 2019 defines surrogacy as follows- A procedure in which one woman bears and gives birth to a child for an intending couple with the purpose of passing the kid over to them after the birth.

The Surrogacy (Regulation) Bill, 2019, was introduced to provide a national framework for the regulation of the process and practice of surrogacy in India, including the establishment of National Surrogacy Boards, State Surrogacy Boards, and the nomination of required authorities. Only altruistic surrogacy, in which the surrogate mother receives no financial benefit, is permitted under this bill. The intending parents are responsible for only the expenditures associated with Surrogacy and pregnancy.

Furthermore, only married Indian couples are permitted to obtain surrogacy, and only under specific circumstances, such as proven infertility. Surrogacy shall be for the goal of delivering a married couple a child, not for the aim of exploitation, as stated in this measure.

The measure also specifies the requirements for surrogacy to be carried out. A certificate of essentiality, granted by an authorized body, must be issued by the intending couple.
The following are the requirements for issuing:
1.) A certificate from a District Medical Board stating that one or both members of the intended relationship are infertile.
2.) A magistrate’s court order establishing parenthood and child custody (first class or above)
3.) Surrogate Mother insurance coverage for a period of 16 months, including post-delivery problems.

The intending couple must additionally produce a Certificate of Eligibility, which must include the following information:
1.) The couple must be citizens of India and have been married for at least 5 years.
2.) Females between the ages of 23 and 50 and males between the ages of 26 and 55.
3.) They do not have a child who has survived (biological, adopted, or surrogate). However, a youngster who is cognitively or physically challenged, or who has a life-threatening or deadly illness or disorder, is not included.
4.) Regulations may specify other conditions.

There are particular eligibility conditions for a woman to be a surrogate mother, which is as follows:
1.) She should be an Intending couple’s close relative.
2.) Be a woman who has been married for a long time and has a child of her own.
3.) Be between the ages of 25 and 35.
4.) She has no prior experience as a surrogate mother (A woman can be a surrogate only once under this bill)
5.) She must have a medical and psychological fitness certificate for surrogacy.

The bill also states that the surrogate mother may not contribute her own gametes for surrogacy. The bill also included a list of offences that safeguard the persons involved, as well as the morals and ethics of surrogacy. They are:
1.) commercial surrogacy;
2.) exploiting the surrogate mother;
3.) abandoning, disowning, or exploiting the surrogate kid; and
4.) selling or importing human embryos or gametes for surrogacy.

PUNISHMENT FOR ABOVE MENTIONED OFFENCES: These offences carry a minimum sentence of 5 years in jail and a fine of up to Rs. 10 lakh.

BIBLIOGRAPHY: https://www.remedypublications.com/open-access/surrogacy-in-india-current-scenario-and-ethical-perspective-5155.pdf

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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