Surrogacy has been a big issue in the Indian subcontinent, but recently, there has been a lot of progress made in this scene. And how’s that? Well, right now, you see, Surrogacy is legal in India, but the other type, you know, commercial surrogacy is banned in the country. That is the only condition with surrogacy in the country right now, so if you want to go ahead with altruistic surrogacy, well, you’re good to go.
What Does Surrogacy in India Even Mean?
The process of surrogacy in India is an agreement where a woman supports a person or a couple in gestating their baby. There are two ways to go about it: commercial and altruistic surrogacy. In commercial surrogacy, the surrogate mother is paid for her work, while in altruistic surrogacy she is reimbursed only for medical bills. To prevent the abuse of the surrogacy system for financial gain, the government of India has prohibited commercial surrogacy, and only altruistic surrogacy is allowed.
What Was The Surrogacy (Regulation) Act, 2021?
The Surrogacy (Regulation) Act, 2021, also known as the Surrogacy Regulation Act, is a piece of legislation put in place in India to control the condition of surrogacy in the country, mainly by upholding the prohibition of commercial surrogacy arrangements, you know? That is where all the problem lies. The act establishes that surrogacy is a non-commercial agreement whereby the surrogate mother provides a woman with the possibility of having a child without any exchange of money, except for the refund of medical expenses. That’s all.
This law limits surrogacy to men and women who are married, and those who are single, widowed, or divorced women specifically. And yes, one of the requirements for getting this service is the “certificate of essentiality” from a specialized doctor, which states that a person had a clear indication of being unable to get pregnant naturally.
Updates in the 2022 Surrogacy Rules
And yes, there were much-needed updates made in surrogacy rules as of 2022 that have just been brought to light. One significant change in the rule is that married couples can now use a donor’s egg or sperm due to medical reasons that make it impossible to have a baby with their own genetic material. However, this process must include at least one gamete from the couple who want to be parents, that’s the only condition.
Moreover, in the case of single ladies, a widow or a divorcee, well, they must use their own eggs, although donor sperm may be used to assist them in the surrogacy process.
Controversies and Exclusions
The laws about surrogacy right here in India do not allow single men, same-sex couples, and unmarried couples to be recognized as parents. This has led to many discussions and court cases, and why shouldn’t it? Though, the opposition claims that the law is biased because it recognizes only the family models of those married or previously married women.
Besides, the bias to only the biological connection under the law is brought to attention and is openly opposed as it favors some family generation types over others such as adoption, thus establishing the area of dominance among different family types.
