Surrogacy Law in India: A Legal Update
##Surrogacy Law in India: A Legal Update
The practice of surrogacy has gained significant attention in recent years, especially in India where it has become a popular destination for intended parents seeking to have a child through surrogacy. However, with the rise of commercial surrogacy and its implications, the Indian government has taken steps to regulate this practice through the introduction of The Surrogacy (Regulation) Bill, 2020. In this legal update, we will discuss the current status of surrogacy law in India and the key provisions of the new surrogacy bill.
###Current Status of Surrogacy Law in India
Surrogacy is a method of assisted reproductive technology where a woman carries a child for another person or couple. In India, the legal framework for surrogacy has been constantly evolving. Initially, in the absence of any specific legislation, surrogacy was regulated by guidelines issued by the Indian Council of Medical Research (ICMR) in 2005, which allowed for altruistic surrogacy (where the surrogate does not receive any monetary compensation).
However, with the rise of commercial surrogacy and concerns over exploitation of women, the ICMR issued revised guidelines in 2015, banning commercial surrogacy and restricting it to Indian married couples who have been married for at least five years and are unable to bear children. These guidelines also required that the surrogate mother should be a close relative of the intended parents and should not have children of her own. This led to a significant drop in the number of surrogacy arrangements in India.
###The Surrogacy (Regulation) Bill, 2020
In an attempt to regulate surrogacy in India, the government introduced The Surrogacy (Regulation) Bill, 2020, which was passed by the Lok Sabha in August 2019 and is pending approval from the Rajya Sabha. This bill aims to ban commercial surrogacy and allow it only for altruistic purposes.
####Types of Surrogacy Allowed
The bill permits two types of surrogacy in India – altruistic surrogacy and surrogacy for foreign couples. Altruistic surrogacy can only be undertaken by Indian citizens who are married for at least five years and are unable to bear children. It also allows surrogacy for “any condition or disease as may be specified through regulations”, which may include medical conditions such as cancer, polycystic ovarian syndrome, and repetitive pregnancy loss. Surrogacy for foreign couples is allowed subject to certain conditions, such as eligibility criteria and an agreement between the parties involved.
####Eligibility Criteria for Intended Parents
The bill lays down certain eligibility criteria for intended parents, which includes that they should be Indian citizens, married for at least five years and have a medical condition that prevents them from having a child. The intended parents must also possess a certificate of essentiality and a certificate of eligibility issued by the appropriate authority.
####Rights and Obligations of the Parties Involved
The bill lays down the rights and obligations of the parties involved in a surrogacy arrangement. The intended parents have the right to seek custody of the child born through surrogacy, and the surrogate mother has the right to follow medical advice and be compensated for any loss of earnings during the pregnancy. The bill also stipulates that the surrogate mother should not undergo unsafe medical procedures, provide any false information, or engage in any other act that may harm her or the child.
####Penalties for Violations
The bill provides for penalties for any violation of its provisions, including imprisonment up to 10 years and/or a fine of up to Rs. 10 lakh for commercial surrogacy. Any person who abandons, rejects or neglects the child born through surrogacy shall be punished with imprisonment up to 10 years and/or a fine of up to Rs. 10 lakh.
###Conclusion
The Surrogacy (Regulation) Bill, 2020 aims to regulate the practice of surrogacy in India and protect the rights of all parties involved. It prohibits commercial surrogacy and allows it only for altruistic purposes. It also sets out strict eligibility criteria for intended parents and lays down penalties for any violations of its provisions. As this bill is yet to be passed by the Rajya Sabha, the current status of surrogacy law in India remains uncertain. Nevertheless, it is crucial for intended parents, surrogates, and medical professionals to be aware of the legal intricacies of surrogacy in India to avoid any potential legal issues. We hope this legal update provides a better understanding of the current surrogacy laws in India.