5 legal facts you need to know about surrogacy in India


In recent years, surrogacy has become an increasingly acceptable way to have children. Especially since films like Mimi help de-stigmatize the process.

Source: Netflix

But in the past, several complicated cases have arisen when it comes to surrogacy, especially in cases where foreigners have chosen to search for surrogate mothers in other countries. So here are some things we would all benefit from knowing in terms of surrogacy laws in India.

1. Commercial surrogacy was legalized in India in 2002.

Commercial surrogacy was legalized in 2002. Commercial surrogacy is when the surrogate mother is compensated and reimbursed for the pregnancy. While altruistic surrogacy is when the surrogate refuses any form of compensation and reimbursement.

Source: the new humanitarian

2. Legal protection for surrogacy is somewhat fragile.

The Indian Council of Medical Research has some mandates which must be respected for any surrogacy contract to be postponed. The guidelines include a ban on sex-selective surrogacy, a birth certificate to have only the names of the sponsoring parents, the sponsoring parents to be a donor, insurance coverage for the surrogate and a guaranteed right to privacy of mother and donor, etc. But these have no legislative backing. Which makes the laws surrounding surrogacy fragile.

Source: Facebook

3. Numerous bills have been created to regulate surrogacy.

The first The Surrogacy Bill was formed in 2008 – The Assisted Reproductive Technologies (Regulation) Bill. But nothing has really been done to solidify it. Then, on the basis of a report submitted in 2009, the Law Commission encouraged the formation of the Bill on Assisted Reproductive Technologies (Regulation), 2014. This bill has not been finalized either. . Ultimately, commercial surrogacy was banned in India in 2015, especially after the impact of Baby Manji Yamada vs. Union Of India & Anr case in 2008.

Source: telegraphinde

In 2016, the Surrogate Motherhood Regulation Bill was passed, but it was significantly different from the 2014 Bill and also excluded same-sex couples, single parents, couples living as a couple, and couples. foreign surrogacy in India. The most recent bill on surrogacy was formed in 2019.

Source: abcnews

4. Abortion is permitted with the consent of the pregnant woman.

Based on 2016 surrogacy invoice, the future couple has no say in the consent to the abortion of a surrogate child. Under the provisions of the Medical Interruption of Pregnancy Act, 1971, abortion in such cases is permitted with the consent of the “pregnant woman”.

Source: Indianexpress

5. The exploitation of the surrogate mother is punishable by imprisonment.

Advertising or exploitation of the surrogate mother, sale or importation of human embryos or gametes for surrogacy is punishable by imprisonment of 10 years and a fine of up to at 10 lakh. As the 2016 bill banned commercial surrogacy and only supports altruistic surrogacy, these transactions are not allowed.

Source: medicalxpress

We hope for more protection for surrogate mothers.


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