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Legal and Ethical Considerations in Altruistic Surrogacy

Altruistic surrogacy, where a surrogate mother carries a baby for intended parents without receiving any financial compensation beyond medical and pregnancy-related expenses, is a practice that has gained traction in India. With altruistic surrogacy, the focus is on the selfless act of helping another family bring a child into the world. However, navigating the legal and ethical landscape of altruistic surrogacy in India can be complex. Surrogacy Centre India, a leading institution in this field, provides invaluable support to both surrogates and intended parents. Here we will explore the critical legal and ethical considerations surrounding altruistic surrogacy in India.

Legal Considerations

  1. Legislation Overview: The Surrogacy (Regulation) Act, 2021, governs surrogacy practices in India. This law strictly prohibits commercial surrogacy, allowing only altruistic surrogacy arrangements. It aims to prevent exploitation and ensure the welfare of the surrogate mother and the child.
  2. Eligibility Criteria: Under the Act, both surrogates and intended parents must meet specific criteria. For intended parents, one must be an Indian citizen, married for at least five years, and within a certain age range. Surrogates must be close relatives of the intended parents, married, have a child of their own, and be within the age range of 25 to 35 years.
  3. Legal Contracts: A legally binding surrogacy agreement is mandatory. This contract outlines the rights and obligations of both parties, including medical care, expenses covered, and the surrogate’s consent to relinquish the child after birth. Legal counsel is essential to draft and review these contracts to ensure compliance with the law.
  4. Parental Rights: The intended parents must legally adopt the child born through surrogacy. This process involves obtaining a court order affirming their parental rights. The surrogate mother has no parental rights over the child, ensuring a clear transfer of custody.

Ethical Considerations

  1. Informed Consent: Ensuring informed consent is crucial. Surrogates must fully understand the medical, emotional, and legal implications of surrogacy. This includes detailed counseling to prepare them for the journey ahead and to prevent any form of coercion.
  2. Exploitation Prevention: The prohibition of commercial surrogacy aims to prevent the exploitation of women, particularly those from economically disadvantaged backgrounds. Altruistic surrogacy focuses on the voluntary and compassionate aspect, minimizing the risk of exploitation.
  3. Emotional Well-being: The emotional well-being of both the surrogate and the intended parents is paramount. Continuous psychological support and counseling are necessary to address the emotional challenges that may arise during and after the surrogacy process.
  4. Transparency and Honesty: Maintaining transparency and honesty throughout the surrogacy journey is essential. Open communication about expectations, medical procedures, and potential risks fosters trust and reduces misunderstandings.

Role of Surrogacy Centre India

Surrogacy Centre India plays a pivotal role in facilitating altruistic surrogacy by offering comprehensive services that address both legal and ethical concerns. The hospital provides:

  • Legal Assistance: Expertise in navigating the legal framework ensures that all surrogacy arrangements comply with the Surrogacy (Regulation) Act, 2021. This includes drafting and reviewing surrogacy agreements and facilitating the adoption process.
  • Medical Care: Comprehensive medical care throughout the pregnancy, ensuring the health and safety of both the surrogate and the child.
  • Counseling Services: Emotional and psychological support for surrogates and intended parents, helping them cope with the challenges and stresses associated with surrogacy.
  • Ethical Oversight: Ensuring that all practices adhere to ethical standards, focusing on the well-being and rights of the surrogate mother and the intended parents.

Conclusion

Altruistic surrogacy in India, governed by stringent legal regulations and ethical standards, offers a path to parenthood rooted in compassion and support. Institutions like Surrogacy Centre India are instrumental in guiding families through this intricate process, ensuring that all legal and ethical considerations are meticulously addressed. As altruistic surrogacy continues to evolve, a steadfast commitment to legal compliance and ethical integrity will remain essential in fostering positive and successful surrogacy experiences for all involved.

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Location: Delhi, India

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