All about Surrogacy (Regulation) Act,2021
The Surrogacy (Regulation) Act of 2021 is a legislation enacted by the government to regulate surrogacy arrangements in India. Below are several essential highlights concerning the legislation.
Objective: The primary objective of the Surrogacy (Regulation) Act is to ensure the ethical practice of surrogacy in India while protecting the rights of all parties involved, including surrogate mothers, intending parents, and children born through surrogacy.
Definition of Surrogacy: The act defines surrogacy as a practice where a woman carries a child for another person or couple with the intention to hand over the child after birth.
Eligibility Criteria for Intending Parents: The act lays down certain eligibility criteria for intending parents, including a minimum age requirement, a maximum age limit, a medical certificate stating infertility, and a recommendation from an appropriate authority.
Eligibility Criteria for Surrogates: Surrogates must meet specific eligibility criteria as well, including a minimum age requirement, having a child of their own, and the absence of any diseases or conditions that may affect the surrogate or the child.
Regulatory Authorities: The act establishes National and State Surrogacy Boards to regulate and oversee surrogacy arrangements. These boards are responsible for granting approval, monitoring compliance, and addressing any issues related to surrogacy.
Compensation and Expenses: The act allows for the payment of reasonable expenses to the surrogate, but commercial surrogacy, where the surrogate is paid for her services beyond reasonable expenses, is prohibited.
Rights of the Child: The act emphasizes the rights of the child born through surrogacy, ensuring that the child is not abandoned or neglected and has access to education, healthcare, and other basic needs.
Penalties for Violations: The act imposes penalties for violations, including fines and imprisonment, for engaging in commercial surrogacy, operating unregistered surrogacy clinics, or any other offenses under the act.
International Surrogacy: The act prohibits foreign nationals, non-resident Indians, and persons of Indian origin from commissioning surrogacy in India. This provision aims to prevent exploitation and ensure that surrogacy arrangements are made within the legal framework of the country.
Transparency and Accountability: The act promotes transparency and accountability in surrogacy arrangements by requiring all parties involved to adhere to the legal requirements and guidelines set forth by the regulatory authorities.
Overall, the Surrogacy (Regulation) Act of 2021 seeks to address the ethical concerns surrounding surrogacy while providing a legal framework to govern surrogacy arrangements in India, thereby safeguarding The welfare and rights of all individuals engaged in the process."
Gestational Surrogacy: The act specifically allows for gestational surrogacy, where the surrogate is not genetically related to the child she carries. This type of surrogacy involves the use of assisted reproductive technologies such as in vitro fertilization (IVF), where the embryo is created using the gametes of the intending parents or donors and then transferred to the surrogate's uterus.
Pre-Surrogacy Procedures: Intending parents and surrogates are required to undergo various pre-surrogacy procedures, including medical and psychological screening, to ensure that they are physically and mentally fit for the surrogacy process. These assessments help to mitigate potential risks and ensure the well-being of all parties involved.
Legal Documentation: The act emphasizes the importance of legal documentation in surrogacy arrangements, including a surrogacy agreement that outlines the rights and responsibilities of the parties involved, including issues related to custody, parental rights, and financial arrangements.
Protection of Surrogate's Rights: The act includes provisions to protect the rights of surrogate mothers, such as the right to proper medical care, counseling, and legal representation throughout the surrogacy process. Surrogates are also entitled to confidentiality and privacy regarding their involvement in surrogacy arrangements.
Post-Birth Procedures: Following the birth of the child, the act outlines procedures for establishing parentage, including the issuance of a birth certificate with the names of the intending parents. Legal recognition of parentage is essential to ensure the child's rights and to prevent disputes regarding custody and parental rights.
Ethical Considerations: The Surrogacy (Regulation) Act of 2021 emphasizes the importance of ethical considerations in surrogacy arrangements, including respect for the autonomy and dignity of all parties involved. The act aims to prevent exploitation, coercion, and commodification of women's bodies while promoting the well-being of surrogate mothers and children born through surrogacy.
Awareness and Education: The act mandates the promotion of awareness and education about surrogacy, its legal framework, and the rights and responsibilities of all parties involved. This includes providing information to the general public, healthcare professionals, and other stakeholders to ensure informed decision-making and compliance with the law.
Gestational Surrogacy: The act specifically permits gestational surrogacy, where the surrogate is not genetically related to the child she carries. This type of surrogacy is often preferred due to its lower risk of legal and emotional complications.
Legal Documentation: The act mandates comprehensive legal documentation outlining the rights and responsibilities of all parties involved in the surrogacy arrangement. This documentation helps prevent misunderstandings and disputes, ensuring a smoother process for all parties.
Medical Screening and Care: Surrogates and intending parents must undergo thorough medical screening to ensure they are physically and mentally fit for the surrogacy process. Additionally, the act emphasizes the importance of providing proper medical care and support throughout the surrogacy journey.
Counseling Services: The act encourages the provision of counseling services for both surrogates and intending parents to address any emotional or psychological concerns they may have before, during, and after the surrogacy process. This support helps ensure the well-being of all individuals involved.
Confidentiality and Privacy: The act includes provisions to protect the confidentiality and privacy of all parties involved in surrogacy arrangements. This helps maintain the dignity and autonomy of surrogates and intending parents while safeguarding their personal information from unauthorized disclosure
