Legal Rights Of Surrogate Mothers In India

Surrogacy in India has undergone significant legal reforms in recent years, aiming to protect the rights of surrogate mothers in India while regulating the practice. The Surrogacy (Regulation) Act, 2021, marks a pivotal shift from the previously prevalent commercial surrogacy model to a more ethically grounded, altruistic approach. This article delves into the legal rights of surrogate mothers in India, highlighting the protections, responsibilities, and challenges they face under the current legal framework. It also guides families looking for surrogate mother services to understand the legal landscape before proceeding.

Who Can Become a Surrogate Mother in India

Definition and Scope of Surrogacy

Surrogacy involves a woman carrying a pregnancy for another individual or couple, with the intention of handing over the child after birth. In India, the Surrogacy (Regulation) Act, 2021, defines surrogacy as an arrangement where a woman agrees to carry a pregnancy achieved through assisted reproductive technology (ART), intending to hand over the child to the commissioning couple or individual. For families looking for surrogate mother, knowing the legal framework is essential to proceed safely and ethically.

Eligibility Criteria for Surrogate Mothers

Under the 2021 Act, the eligibility criteria for a woman to act as a surrogate are stringent:

• Age: The surrogate must be between 21 and 39 years old.
• Marital Status: She must be married and have at least one biological child.
• Relation to Intended Parents: The surrogate should be a close relative of the intended parents, such as a sister or cousin.
• Previous Surrogacy: A woman can only act as a surrogate once in her lifetime.

These criteria ensure that surrogacy is a well-considered decision, minimizing potential exploitation for those who are looking for a surrogate through agencies or clinics.

Legal Protections and Rights

The legal framework provides several protections to surrogate mothers:

Informed Consent: Surrogate mothers must provide written consent before entering into a surrogacy agreement. This consent must be voluntary and informed, ensuring the surrogate understands the medical, emotional and legal implications of the arrangement.

Medical and Insurance Coverage: The commissioning couple is required to bear all medical expenses related to the pregnancy and provide insurance coverage for the surrogate mother during and after the pregnancy.

Legal Parentage: The child born through surrogacy is considered the biological child of the commissioning couple. The birth certificate is issued in their names, and the surrogate mother relinquishes all parental rights upon the child’s birth.

Surrogacy Agreement: A legally binding agreement between the surrogate and the commissioning couple must be signed, outlining the rights and responsibilities of both parties. This agreement is crucial for families looking for surrogate mother arrangements to prevent disputes.

Financial Aspects

The Surrogacy (Regulation) Act, 2021, prohibits commercial surrogacy, allowing only altruistic surrogacy. In altruistic surrogacy, the surrogate mother is compensated solely for medical expenses and insurance coverage; no monetary compensation beyond these is permitted. This restriction aims to prevent exploitation of surrogate mothers in India and ensures that the decision to become a surrogate is not financially motivated for those trying to find a surrogate.

Challenges and Concerns

Despite the legal protections, surrogate mothers in India face several challenges:

Lack of Awareness: Many surrogate mothers are unaware of their legal rights and the full implications of the surrogacy process, which can lead to exploitation.

Emotional and Psychological Impact: The emotional toll of carrying a child for another couple and then relinquishing the child can be significant. Psychological support is often lacking.

Economic Vulnerability: While the law prohibits monetary compensation beyond medical expenses, the support may not fully cover the surrogate mother’s needs, especially for those from lower socio-economic backgrounds.

Legal Ambiguities: Ambiguities still exist in enforcing surrogate mothers’ rights and resolving disputes, even with the Surrogacy (Regulation) Act, 2021.

Role of Organizations like Indian Egg Donors

Organizations such as Indian Egg Donors play a crucial role in supporting surrogate mothers. They provide comprehensive information about the surrogacy process, help in understanding legal rights, and offer psychological support. These organizations assist families looking for surrogate mother services in meeting all legal and medical requirements, ensuring ethical and safe surrogacy. Indian Egg Donors also help intended parents find a surrogate who meets the eligibility criteria under Indian law.

Recent Developments and Legal Precedents

Recent legal developments further emphasize the importance of protecting surrogate mothers’ rights:

Madras High Court Directive: The court directed the Tamil Nadu government to produce a comprehensive booklet detailing procedures under the Surrogacy Act, ensuring hospitals protect the rights of surrogate mothers in India.

Concerns Over Stringent Regulations: Experts warn that strict rules may increase illegal surrogacy practices, highlighting the need for legal awareness among those looking for a surrogate.

Conclusion

The legal rights of surrogate mothers in India have been strengthened through the Surrogacy (Regulation) Act, 2021. While challenges remain, continuous efforts are needed to ensure these rights are upheld. Organizations like Indian Egg Donors are vital in guiding families looking for surrogate mother arrangements and helping them find a surrogate safely, ensuring surrogacy remains a compassionate and ethical path to parenthood.

Frequently Asked Questions:- 

Q: Who can become a surrogate mother in India?

Ans : A married woman aged 21–39, with at least one biological child, usually a close relative of the intended parents. This defines the eligibility for surrogate mothers in India.

Q: Is surrogacy legal in India?

Ans : Yes, altruistic surrogacy is legal under the Surrogacy (Regulation) Act, 2021, with strict rules to protect the rights of those looking for a surrogate.

Q: Can surrogate mothers receive payment in India?

Ans : No, they can only be reimbursed for medical expenses and insurance coverage; commercial surrogacy is prohibited. Intended parents looking for a surrogate should plan accordingly.

Q: What rights does a surrogate mother have?

Ans : She has the right to informed consent, medical care, insurance coverage, and legal protection during the surrogacy process, ensuring safety for families looking for surrogate mother.

Q: How does Indian Egg Donors support surrogate mothers?

Ans : Indian Egg Donors provides legal guidance, psychological support, and helps intended parents find a surrogate, ensuring all medical and legal requirements are met.