Important facts about surrogacy and its legalities

Dr. Shobha Gupta

New Delhi, Feb 20 (IANSlife) The practice of surrogacy is still surrounded by stigma and disinformation, and one of the primary reasons for this is the long-standing absence of legislative frameworks. In literal terms, surrogacy means a formal legal agreement whereby a woman becomes pregnant and gives birth to another couple's kid to give the child to them after birth and renounce all parental rights.

Is surrogacy legal in India?

Yes and no both. The legal landscape around surrogacy in India has been complicated and dynamic, with numerous legislative amendments intended to regulate the practice. Significant progress was made in January 2022 with the passing of the Surrogacy (Regulation) Bill, 2019.

India made a significant move in 2015 when it outlawed commercial surrogacy for foreigners. This action was motivated by concerns about the commercialization of the surrogacy procedure and the possible exploitation of surrogates. 

Some highlighted points of the bill states that:

Altruistic surrogacy, as envisioned by the bill, aimed to ensure that surrogacy arrangements were driven by genuine altruistic motives rather than financial gain. This was seen as a means to protect the interests of both the intended parents and the surrogate mothers, creating a more ethical framework for surrogacy.

These regulatory measures had well-intentioned goals, but there were many real-world repercussions and difficulties. In the lack of explicit restrictions, concerns surfaced over the possibility of exploitation and enforceability of altruistic surrogacy. Concerns were also expressed on how these rules would affect India's flourishing surrogacy-related medical tourism sector.

It is important to remember that regulations can change, and since the last update, the legal environment in India around surrogacy may have changed. With the 2015 ban on commercial surrogacy for foreigners and the ensuing Surrogacy (Regulation) Bill, of 2019, the surrogacy laws in India have experienced substantial changes. All of these changes were made to resolve ethical issues and strengthen surrogacy regulations. However, due to the field's continual advances and practical application, it is necessary to regularly check for the most recent legal changes and professional assistance.

Eligibility for surrogacy

Eligibility for surrogacy can vary based on the legal regulations of the country or region. In India, for example, the Surrogacy (Regulation) Bill, of 2019, proposed allowing altruistic surrogacy for Indian couples who have been married for at least five years and are unable to conceive a child. Additionally, they should have a proven medical condition necessitating surrogacy.

It's essential to note that laws and eligibility criteria can change, and they differ from one jurisdiction to another. Individuals or couples considering surrogacy should consult the latest legal information specific to their location and seek guidance from medical and legal professionals to understand the eligibility criteria and requirements applicable to them.

When should a couple go for surrogacy?

The decision to pursue surrogacy is a deeply personal one and is often influenced by various factors, including medical, emotional, and financial considerations. Here are some common scenarios in which individuals or couples might consider surrogacy:

Medical Issues:

Repeated Pregnancy Loss:

Same-sex couples and live-in couples:

Uterine Issues:

Medical Risk to the Mother:

Unsuccessful Previous Attempts:

Single females or couples thinking about surrogacy must consult reproductive endocrinologists, fertility specialists, and lawyers. They can offer the latest details on the psychological, legal, and medical facts of surrogacy, assisting people in making decisions that are well-informed for their particular situation.

(Dr. Shobha Gupta is the Medical Director and IVF Specialist at Mother’s Lap IVF Centre, New Delhi and Vrindavan)

IANSlife can be contacted at [email protected]

--IANS

Dr. Shobha Gupta/ lh/ tb