Is altruistic surrogacy Legal in India
Altruistic surrogacy, also known as gestational surrogacy, is a form of surrogacy where a woman (the surrogate) carries a pregnancy for intended parents who are unable to conceive naturally. Altruistic surrogacy involves the surrogate mother agreeing to carry the baby for the intended parents without any financial compensation, instead, she is reimbursed for all medical expenses incurred during the pregnancy.
India has been a popular destination for surrogacy for over a decade, attracting thousands of foreign nationals seeking low-cost surrogacy services. However, the Indian government has recently introduced stricter regulations for surrogacy, including a ban on commercial surrogacy.
In this article, we will explore the legal status of altruistic surrogacy in India for fertility treatment and the regulations that govern surrogacy in the country.
Legal Status of Surrogacy in India
Surrogacy has been legal in India since 2002, when the Indian Council of Medical Research (ICMR) published guidelines for the ethical conduct of surrogacy. However, surrogacy was largely unregulated until 2015, when the government introduced the Surrogacy (Regulation) Bill.
The Surrogacy (Regulation) Bill, which is currently under review, aims to regulate the practice of surrogacy in India and protect the rights of the surrogate mother and the intended parents. The bill bans commercial surrogacy and allows only altruistic surrogacy for Indian citizens. It also restricts surrogacy to married couples who have been unable to conceive for at least five years and requires the surrogate mother to be a close relative of the intended parents.
Altruistic Surrogacy in India
Altruistic surrogacy in India involves the surrogate mother agreeing to carry a pregnancy for the intended parents without any financial compensation, apart from medical expenses incurred during the pregnancy. Altruistic surrogacy is legal in India for Indian citizens under certain conditions, as outlined in the Surrogacy (Regulation) Bill.
The Bill allows only altruistic surrogacy for Indian citizens who have been married for at least five years and are unable to conceive naturally. The surrogate mother must also be a close relative of the intended parents, such as a sister or cousin. In addition, the intended parents must have a certificate of essentiality and a certificate of eligibility from a government-appointed authority, such as the District Medical Board.
The Surrogacy (Regulation) Bill also prohibits foreign nationals from seeking surrogacy services in India. The bill states that only Indian citizens can be surrogate mothers or intended parents in India, and that surrogacy can only be carried out in clinics that are registered with the appropriate state authorities.
Types of surrogacy in India
There are two types of surrogacy that are in practice in India. They are:
1. Surrogacy in the traditional sense
2. Gestational Surrogacy
1. Surrogacy in the traditional sense
Traditionally, the eggs of the surrogate mother are used. Here, egg donation is not necessary since the egg of the surrogate mother is used.
The intrauterine insemination method is used in traditional surrogacy. It is a simple method where the surrogate need not go through many fertility treatments. The intended mother need not take any treatment or undergo the egg retrieval process since her eggs are never used.
2. Gestational surrogacy
In this type, an egg donor is required to create the embryo that the surrogate mother would carry. Here, the In Vitro Fertilization process is used. The embryo is created using the eggs of the intending mother and the sperm of the father, which then the surrogate carries.
Surrogates usually prefer this type of surrogacy since there is no emotional connection, i.e., she is not the biological mother of the child.
This type of surrogacy is costlier since both the women need to go through different fertility treatments as well as egg retrievals.
Regulations Governing Surrogacy in India
The Surrogacy (Regulation) Bill is currently under review by the Indian government and is expected to be passed in the near future. The bill aims to regulate surrogacy in India and protect the rights of the surrogate mother and the intended parents. The bill bans commercial surrogacy and allows only altruistic surrogacy for Indian citizens.
The bill also imposes several restrictions on surrogacy, such as limiting surrogacy to married couples who have been unable to conceive for at least five years and requiring the surrogate mother to be a close relative of the intended parents. The intended parents must also obtain a certificate of essentiality and a certificate of eligibility from a government-appointed authority before embarking on surrogacy.
In addition, the bill establishes a National Surrogacy Board and State Surrogacy Boards to oversee the implementation of the surrogacy regulations and to ensure that the rights of the surrogate mother and the intended parents are protected.
Conclusion: –
In conclusion, altruistic surrogacy is legal !
