Surrogacy Regulation Act 2021: A Comprehensive Overview
Introduction:
The Surrogacy Regulation Act 2021 marks a significant milestone in the legal landscape surrounding assisted reproductive technologies (ART) and surrogacy arrangements. This legislation aims to address the complex ethical, social, and legal issues associated with surrogacy while providing a structured framework to protect the rights and interests of all parties involved. The Act introduces stringent regulations and guidelines, thereby aiming to strike a balance between the desire for parenthood and the need to prevent exploitation and commodification of women's bodies.
Provisions of the Surrogacy Regulation Act 2021:
The Act outlines specific eligibility criteria for intended parents, requiring them to be Indian citizens and married for at least five years. Additionally, they must be within the age range of 23 to 50 for females and 26 to 55 for males. These provisions ensure that the intended parents are emotionally and financially stable to undertake the responsibilities of parenthood.
To safeguard the well-being of both the child and the parties involved, the Act mandates comprehensive medical and psychological evaluations for intended parents. This assessment aims to ascertain their ability to provide a nurturing environment for the child and assesses their understanding of the emotional complexities associated with surrogacy.
The Act establishes a stringent regulatory framework for surrogacy clinics. Only those clinics that meet the prescribed standards of medical facilities, infrastructure, and expertise can operate. This step ensures that the surrogates receive proper medical care and the entire process is conducted under appropriate medical supervision.
The Act outlines the rights and obligations of surrogates, ensuring that their consent is informed, voluntary, and without coercion. It mandates insurance coverage for the surrogate's health and well-being during and after the pregnancy. The Act also grants them the right to appropriate compensation, ensuring they are not exploited or left financially vulnerable.
The Act limits surrogacy to gestational surrogacy, wherein the surrogate is not genetically related to the child she carries. This provision prevents potential emotional and legal disputes arising from traditional surrogacy arrangements and ensures a clearer legal parentage.
A National Surrogacy Board is established under the Act to oversee and regulate the surrogacy process. The Board monitors and evaluates the functioning of surrogacy clinics, maintains a national database of surrogacy arrangements, and addresses grievances and disputes related to surrogacy.
The Act ensures that the child born through surrogacy is deemed the legitimate child of the intended parents. It also establishes the child's citizenship rights, preventing any ambiguity regarding their nationality.
To deter unlawful practices and exploitation, the Act introduces strict penalties for violations of its provisions. Engaging in commercial surrogacy, abandoning the child born through surrogacy, or coercing a woman into becoming a surrogate are all offenses punishable under the Act.
The Act prioritizes the best interests of the child born through surrogacy. It mandates a legal framework for the child's care and upbringing, ensuring they are not left vulnerable to legal disputes or lack of parental care.
Conclusion:
The Surrogacy Regulation Act 2021 is a comprehensive and progressive legislation that brings much-needed clarity and structure to the field of surrogacy in India. By addressing the rights of surrogates, intended parents, and the child, the Act aims to prevent exploitation, protect the vulnerable, and create a legally sound and ethically responsible environment for surrogacy arrangements. This Act serves as a model for other countries grappling with similar issues and sets a precedent for regulating assisted reproductive technologies in a fair and compassionate manner.
Introduction:
The Surrogacy Regulation Act 2021 marks a significant milestone in the legal landscape surrounding assisted reproductive technologies (ART) and surrogacy arrangements. This legislation aims to address the complex ethical, social, and legal issues associated with surrogacy while providing a structured framework to protect the rights and interests of all parties involved. The Act introduces stringent regulations and guidelines, thereby aiming to strike a balance between the desire for parenthood and the need to prevent exploitation and commodification of women's bodies.
Provisions of the Surrogacy Regulation Act 2021:
- Eligibility Criteria for Intended Parents:
The Act outlines specific eligibility criteria for intended parents, requiring them to be Indian citizens and married for at least five years. Additionally, they must be within the age range of 23 to 50 for females and 26 to 55 for males. These provisions ensure that the intended parents are emotionally and financially stable to undertake the responsibilities of parenthood.
- Mandatory Medical and Psychological Evaluation:
To safeguard the well-being of both the child and the parties involved, the Act mandates comprehensive medical and psychological evaluations for intended parents. This assessment aims to ascertain their ability to provide a nurturing environment for the child and assesses their understanding of the emotional complexities associated with surrogacy.
- Regulation of Surrogacy Clinics:
The Act establishes a stringent regulatory framework for surrogacy clinics. Only those clinics that meet the prescribed standards of medical facilities, infrastructure, and expertise can operate. This step ensures that the surrogates receive proper medical care and the entire process is conducted under appropriate medical supervision.
- Rights and Obligations of Surrogates:
The Act outlines the rights and obligations of surrogates, ensuring that their consent is informed, voluntary, and without coercion. It mandates insurance coverage for the surrogate's health and well-being during and after the pregnancy. The Act also grants them the right to appropriate compensation, ensuring they are not exploited or left financially vulnerable.
- Gestational Surrogacy Only:
The Act limits surrogacy to gestational surrogacy, wherein the surrogate is not genetically related to the child she carries. This provision prevents potential emotional and legal disputes arising from traditional surrogacy arrangements and ensures a clearer legal parentage.
- Establishment of National Surrogacy Board:
A National Surrogacy Board is established under the Act to oversee and regulate the surrogacy process. The Board monitors and evaluates the functioning of surrogacy clinics, maintains a national database of surrogacy arrangements, and addresses grievances and disputes related to surrogacy.
- Parentage and Citizenship:
The Act ensures that the child born through surrogacy is deemed the legitimate child of the intended parents. It also establishes the child's citizenship rights, preventing any ambiguity regarding their nationality.
- Penal Provisions:
To deter unlawful practices and exploitation, the Act introduces strict penalties for violations of its provisions. Engaging in commercial surrogacy, abandoning the child born through surrogacy, or coercing a woman into becoming a surrogate are all offenses punishable under the Act.
- Safeguarding the Child's Interests:
The Act prioritizes the best interests of the child born through surrogacy. It mandates a legal framework for the child's care and upbringing, ensuring they are not left vulnerable to legal disputes or lack of parental care.
Conclusion:
The Surrogacy Regulation Act 2021 is a comprehensive and progressive legislation that brings much-needed clarity and structure to the field of surrogacy in India. By addressing the rights of surrogates, intended parents, and the child, the Act aims to prevent exploitation, protect the vulnerable, and create a legally sound and ethically responsible environment for surrogacy arrangements. This Act serves as a model for other countries grappling with similar issues and sets a precedent for regulating assisted reproductive technologies in a fair and compassionate manner.
