Altruistic Surrogacy in Delhi: Legal Aspects and Key Regulations

Surrogacy has long been a solution for couples struggling with infertility, offering them the chance to start a family. However, in India, surrogacy laws have undergone significant changes to ensure ethical practices and safeguard the rights of all involved.

What Is Altruistic Surrogacy?

Altruistic surrogacy is a type of surrogacy arrangement in which the surrogate mother receives no financial compensation beyond medical expenses and insurance coverage. This model contrasts with commercial surrogacy, where the surrogate is paid for her services. In altruistic surrogacy, the surrogate, often a close relative or friend, volunteers to carry a child out of goodwill, without any monetary gain.

Surrogacy Laws in India: Focus on Altruistic Surrogacy

India’s legal landscape for surrogacy has shifted dramatically in recent years. The Surrogacy (Regulation) Act, 2021 strictly prohibits commercial surrogacy and allows only altruistic surrogacy under certain conditions. This law was enacted to address concerns related to the exploitation of women through commercial surrogacy and to protect the rights of surrogate mothers and intended parents.

Key Legal Provisions of altruistic surrogacy in India include:

• Prohibition of Commercial Surrogacy: Any form of surrogacy where the surrogate is paid or financially compensated is banned. Only altruistic surrogacy is allowed, meaning the surrogate can only be compensated for medical expenses and insurance.
• Eligibility Criteria: The intended parents must be married for at least five years, and at least one of them should be diagnosed with infertility. Additionally, they must be Indian citizens and cannot have a surviving biological child, except in the case of a disabled child or a life-threatening disease.
• Surrogate’s Eligibility: The surrogate mother must be a close relative of the intended parents, married, and have at least one biological child. She cannot be a surrogate more than once in her lifetime, ensuring the practice is rare and carefully regulated.
• Regulation of Surrogacy Centres: Only registered surrogacy centres can legally facilitate surrogacy in India. These centres must adhere to stringent guidelines to ensure ethical practices and transparency in the surrogacy process.

Recent Changes in the Surrogacy Law and Their Impact on Surrogacy in Delhi

The Surrogacy (Regulation) Act, 2021 introduced several amendments aimed at promoting ethical altruistic surrogacy in Delhi and across India. The most significant change is the complete ban on commercial surrogacy, which has shifted the focus to altruistic surrogacy. Let’s explore how these changes have impacted surrogacy in Delhi.

1. Restricted Surrogacy Practices: With the ban on commercial surrogacy, Delhi now only permits altruistic surrogacy, significantly reducing the number of surrogacy arrangements in the city. Intended parents must now rely on finding a close relative willing to act as a surrogate, making the process more challenging but also more ethically sound.
2. Increased Regulatory Oversight: Surrogacy centres in Delhi, such as Surrogacy Centre India, are required to follow strict government regulations. These centres must register with the government, maintain transparency in their operations, and provide necessary legal and medical support to intended parents and surrogates.
3. Protection for Surrogates: The new law ensures that surrogate mothers in Delhi receive proper medical care, insurance coverage, and support during pregnancy. However, they are not allowed to be compensated beyond their medical expenses, reducing the risk of exploitation.
4. Longer Wait Times: Due to the restrictions on who can act as a surrogate and the criteria for intended parents, the wait time for finding a suitable surrogate has increased. Couples looking for altruistic surrogacy in Delhi may face delays as they search for a qualified relative or friend to serve as their surrogate.

Conclusion

Altruistic surrogacy in Delhi, under the framework of the Surrogacy (Regulation) Act, 2021, is a carefully regulated process that promotes ethical practices and ensures the welfare of both the surrogate and the intended parents. With a focus on altruistic surrogacy, surrogacy centres in Delhi, such as Surrogacy Centre India, provide legal and medical support while adhering to the latest government guidelines. While the new surrogacy laws in India have made the process more stringent, they offer greater protection to all parties involved, ensuring a more transparent and ethical surrogacy experience.