The Surrogacy (Regulation) Act, 2021, enacted in India, represents a significant shift in the landscape of assisted reproduction. Its primary aim is to provide clear surrogacy guidelines, regulate surrogacy services, and ensure ethical practices while safeguarding the surrogacy rights of all parties involved. For intended parents, this legislation introduces a structured framework that balances legal clarity with ethical considerations in the surrogacy process.
Key Provisions of the Act Affecting Intended Parents
- Eligibility Criteria: Intended parents must meet specific surrogacy eligibility requirements, including being Indian citizens married for at least five years. They must provide a medical certificate confirming their inability to conceive naturally or through other assisted reproductive technologies. Single men are not permitted under these surrogacy laws.
- Altruistic Surrogacy Only: The Act permits only Altruistic surrogacy, where the surrogate mother is not compensated beyond medical expenses and insurance coverage. Commercial surrogacy is prohibited, ensuring that all surrogacy services remain ethical and within the boundaries of the surrogacy regulation act.
- Surrogate Selection: Intended parents may select a close relative as a surrogate, provided she meets criteria such as being married, having at least one biological child, and being between the ages of 25 and 35. This ensures that surrogacy guidelines are consistently followed and that the surrogacy program remains safe and transparent.
- Legal Parentage: The Act guarantees that the intended parents are recognized as the legal parents of the child from birth, with their names appearing on the birth certificate. This protects surrogacy rights and establishes clear parental responsibility, providing confidence throughout the surrogacy process.
- Regulatory Oversight: The establishment of a National Surrogacy Board ensures monitoring of surrogacy services nationwide. This body oversees compliance with the surrogacy regulation act and maintains ethical standards in every surrogacy program.
Implications for Intended Parents
- Legal Clarity: By providing explicit surrogacy guidelines, the Act reduces potential disputes and ambiguities in surrogacy laws, giving intended parents confidence in their legal standing.
- Ethical Assurance: Limiting surrogacy to Altruistic surrogacy reduces exploitation and ensures surrogate mothers are protected, aligning with the core principles of the surrogacy regulation act.
- Access to Services: Despite the restrictions on commercial arrangements, intended parents still have access to regulated surrogacy services, including surrogacy with Indian egg donor USA programs, ensuring international intended parents can participate in ethical and legal surrogacy programs.
Challenges and Considerations
- Limited Eligibility: Strict surrogacy eligibility criteria may exclude individuals and couples who could otherwise provide a loving home, highlighting a limitation in the surrogacy guidelines.
- Potential for Exploitation: Restricting surrogacy to Altruistic surrogacy may unintentionally pressure some women into participation due to financial needs, posing challenges for surrogacy rights.
- Regulatory Gaps: Strict enforcement of the surrogacy regulation act has sometimes led to illegal practices, such as unregulated surrogacy services or exploitation, emphasizing the need for fully compliant surrogacy programs.
Conclusion
The Surrogacy (Regulation) Act, 2021, marks a major step toward ethical, regulated, and legally clear surrogacy practices in India. While it offers intended parents structured support and protection of surrogacy rights, awareness of the surrogacy laws and careful adherence to surrogacy guidelines are crucial. Organizations like Indian Egg Donors assist intended parents through every step of the surrogacy process, including international surrogacy with Indian egg donor USA programs, making the surrogacy program safe, ethical, and successful.
Frequently Asked Questions:-
Q: Who can opt for surrogacy in India?
Ans : Married Indian couples meeting surrogacy eligibility criteria, with a medical certificate of infertility, can participate in the surrogacy process.
Q: Is commercial surrogacy allowed in India?
Ans : No, only Altruistic surrogacy is permitted under the surrogacy regulation act, ensuring ethical standards in all surrogacy programs.
Q: Can I choose a relative as a surrogate?
Ans : Yes, you can select a relative as long as she meets the surrogacy guidelines and health requirements outlined in surrogacy laws.
Q: Who is the legal parent of the child?
Ans : The intended parents are recognized as legal parents from birth, protecting their surrogacy rights throughout the surrogacy journey.
Q: What body oversees surrogacy in India?
Ans : The National Surrogacy Board monitors all surrogacy services, including international surrogacy with Indian egg donor USA, to ensure compliance and safety.
Dr. Veera Saghar
As an Egg Donor Coordinator, she plays a critical role in our company. Her background as a medical graduate from ISRA UNIVERSITY in Pakistan provides us with a solid foundation in the medical sciences. She has seven years of clinical experience practicing in the USA. This has given her firsthand experience when collaborating with patients and their families.
She is responsible for managing the process of egg donation from start to finish. We identify and screen potential egg donors.
- Dr. Veera Sagharhttps://blog.indianeggdonors.com/author/dr-veera/
- Dr. Veera Sagharhttps://blog.indianeggdonors.com/author/dr-veera/
- Dr. Veera Sagharhttps://blog.indianeggdonors.com/author/dr-veera/
- Dr. Veera Sagharhttps://blog.indianeggdonors.com/author/dr-veera/
