The Laws of Surrogacy in India
In recent years, surrogacy has emerged as a significant aspect of assisted reproductive technology, providing hope to couples and individuals who struggle with infertility or medical conditions that prevent them from conceiving naturally. India, with its advanced medical facilities and comparatively affordable healthcare costs, became a popular destination for surrogacy. However, the legal landscape surrounding surrogacy in India has undergone significant changes over time, reflecting evolving societal attitudes and ethical considerations.
Historical Context:
The practice of surrogacy dates back to ancient times, but its legal implications and regulations have become a subject of global concern in the modern era. India gained prominence as a surrogacy hub due to its skilled medical professionals, reasonable costs, and favorable legal environment. However, this popularity also raised ethical concerns and led to instances of exploitation and legal ambiguities.
The Assisted Reproductive Technology (ART) Regulation Bill, 2020:
To address these concerns, the Indian government introduced the Assisted Reproductive Technology (ART) Regulation Bill in 2020, aiming to provide comprehensive regulations for all aspects of assisted reproductive technology, including surrogacy. This bill aimed to replace the existing Surrogacy (Regulation) Bill, 2019, which had several shortcomings and limitations.
Key Provisions of the ART Regulation Bill, 2020:
Impact and Controversies:
While the ART Regulation Bill, 2020, seeks to address ethical concerns and protect the rights of all parties involved in surrogacy, it has also sparked debates and controversies. Some argue that the prohibition of commercial surrogacy infringes upon individual autonomy and overlooks the financial agency of women who might willingly choose to become commercial surrogates.
Conclusion:
India's journey in regulating surrogacy reflects the complex interplay of medical advancements, ethical considerations, and legal reforms. The Assisted Reproductive Technology (ART) Regulation Bill, 2020, aims to strike a balance between providing a regulatory framework that safeguards the rights of surrogate mothers, intending parents, and the child, while also addressing concerns related to exploitation and unethical practices. As the bill progresses and potentially becomes law, its impact on the field of surrogacy in India will undoubtedly shape the future landscape of assisted reproductive technology in the country.
In recent years, surrogacy has emerged as a significant aspect of assisted reproductive technology, providing hope to couples and individuals who struggle with infertility or medical conditions that prevent them from conceiving naturally. India, with its advanced medical facilities and comparatively affordable healthcare costs, became a popular destination for surrogacy. However, the legal landscape surrounding surrogacy in India has undergone significant changes over time, reflecting evolving societal attitudes and ethical considerations.
Historical Context:
The practice of surrogacy dates back to ancient times, but its legal implications and regulations have become a subject of global concern in the modern era. India gained prominence as a surrogacy hub due to its skilled medical professionals, reasonable costs, and favorable legal environment. However, this popularity also raised ethical concerns and led to instances of exploitation and legal ambiguities.
The Assisted Reproductive Technology (ART) Regulation Bill, 2020:
To address these concerns, the Indian government introduced the Assisted Reproductive Technology (ART) Regulation Bill in 2020, aiming to provide comprehensive regulations for all aspects of assisted reproductive technology, including surrogacy. This bill aimed to replace the existing Surrogacy (Regulation) Bill, 2019, which had several shortcomings and limitations.
Key Provisions of the ART Regulation Bill, 2020:
- Eligibility Criteria: The bill lays out specific eligibility criteria for intending parents. It allows Indian citizens and NRIs (Non-Resident Indians) to avail of surrogacy services, but it prohibits foreign nationals, OCI (Overseas Citizen of India) cardholders, and unmarried couples from seeking surrogacy.
- Types of Surrogacy: The bill distinguishes between two types of surrogacy: altruistic and commercial. Altruistic surrogacy involves no monetary compensation to the surrogate mother beyond medical expenses and insurance. Commercial surrogacy, which involves monetary compensation beyond medical expenses, is prohibited.
- Surrogate's Rights: The bill emphasizes the importance of informed consent for the surrogate mother. It mandates that the surrogate mother must be a close relative of the intending parents, be married and have a child of her own, and not have been a surrogate more than once.
- National and State Boards: The bill proposes the establishment of National and State Boards to oversee and regulate the implementation of the legislation. These boards would be responsible for granting certificates of eligibility to intending parents and surrogates, as well as addressing any disputes that may arise.
- Rights of the Child: The bill emphasizes the rights and well-being of the child born through surrogacy, ensuring that the child is entitled to all the rights and privileges as any other child.
- Insurance and Compensation: The bill mandates insurance coverage for the surrogate mother during the pregnancy and post-pregnancy period. It also outlines the conditions under which medical termination of pregnancy can occur.
- Penalties: The bill includes penalties for various offenses, such as engaging in commercial surrogacy, abandoning the child born through surrogacy, or exploiting the surrogate mother.
Impact and Controversies:
While the ART Regulation Bill, 2020, seeks to address ethical concerns and protect the rights of all parties involved in surrogacy, it has also sparked debates and controversies. Some argue that the prohibition of commercial surrogacy infringes upon individual autonomy and overlooks the financial agency of women who might willingly choose to become commercial surrogates.
Conclusion:
India's journey in regulating surrogacy reflects the complex interplay of medical advancements, ethical considerations, and legal reforms. The Assisted Reproductive Technology (ART) Regulation Bill, 2020, aims to strike a balance between providing a regulatory framework that safeguards the rights of surrogate mothers, intending parents, and the child, while also addressing concerns related to exploitation and unethical practices. As the bill progresses and potentially becomes law, its impact on the field of surrogacy in India will undoubtedly shape the future landscape of assisted reproductive technology in the country.
