Surrogacy has long been a topic of debate in India, with
changing legal frameworks influencing how surrogacy is practiced and
understood. For couples facing infertility or other challenges to natural
conception, surrogacy offers hope. But the key question is: Is surrogacy
legal in India? The answer is yes, but with significant changes that
restrict certain types of surrogacies and promote a more regulated and ethical
approach.
The Legal Landscape of Surrogacy in India
In recent years, surrogacy laws in India have undergone
major transformations. The Surrogacy (Regulation) Act, 2021 has
completely banned commercial surrogacy, which was previously prevalent in the
country. Under this law, altruistic surrogacy in India is the only
legally recognized form of surrogacy. This shift aims to protect the rights of
both the surrogate and the intended parents by eliminating financial
transactions and making surrogacy a voluntary, compassionate act.
What is Altruistic Surrogacy?
Altruistic surrogacy refers to a situation where a
surrogate mother carries and delivers a baby for the intended parents without
any financial gain. In this arrangement, the surrogate is only compensated for
medical expenses and other pregnancy-related costs. The goal of the law is to
ensure that surrogacy is not exploited for commercial reasons, and instead, it
is approached as a selfless act by a woman helping others achieve their dream
of parenthood.
Conditions for Altruistic Surrogacy in India
The Surrogacy (Regulation) Act has outlined specific
guidelines for altruistic surrogacy. Some key conditions include:
- Eligibility
of Intended Parents: Only legally married couples, between the ages of
23 and 50 for women, and 26 and 55 for men, can opt for altruistic
surrogacy. They must have proven medical infertility or conditions
preventing natural conception.
- Eligibility
of the Surrogate: The surrogate must be a close relative of the
intended parents, married, and have at least one biological child of her
own. She cannot be a surrogate more than once in her lifetime.
- Legal
Agreement: A legally binding contract must be signed between the
surrogate and the intended parents, ensuring that all parties are
protected and clear on their responsibilities.
- Surrogacy
Centre: Only registered surrogacy centres in India are
authorized to facilitate surrogacy procedures. This ensures that the
process is carried out ethically and under strict legal supervision.
Why Altruistic Surrogacy?
The shift towards altruistic surrogacy in India
is part of an effort to regulate the surrogacy industry, which was previously
marred by reports of exploitation and commercialization. By restricting
surrogacy to altruistic arrangements, the law aims to create a more ethical and
humane practice, allowing surrogacy to fulfill its true purpose—helping
families in need without financial incentives.
Surrogacy Centre India: Supporting Your Journey
For intended parents looking to explore surrogacy, it is
essential to work with a registered and trusted facility. Surrogacy Centre
India provides expert guidance and medical care throughout the surrogacy
journey. The centre ensures that the legal guidelines are strictly followed and
that both the surrogate and intended parents are supported with compassion and
professionalism.
Conclusion
To answer the question, "Is surrogacy legal in India?": Yes, surrogacy is legal, but only in its altruistic form, under a well-defined legal framework that prioritizes the welfare of all parties involved. For couples considering surrogacy, understanding the legalities and partnering with a reputable centre like Surrogacy Centre India can help make the journey smooth and fulfilling. With altruistic surrogacy now the standard, intended parents can achieve their dreams of parenthood ethically and legally.