Charting the Surrogacy Landscape in India Legal Medical and Emotional Considerations
"Charting the Surrogacy Landscape in India: Legal, Medical, and Emotional Considerations"
Embarking on the profound and fulfilling journey of bringing a child into the world is a dream for many. For those encountering challenges in conceiving, surrogacy emerges as a beacon of hope.ThesurrogacyjourneyinIndiainvolvesadelicatebalanceoflegal,medical,andemotional considerations. This blog provides essential knowledge for navigating this intricate process successfully, emphasizing the uniqueness of eachsurrogacyjourneyandthenecessityofseeking professionaladvice.
UnderstandingSurrogacy:
Surrogacy, a method of assisted reproduction, involves a woman (the surrogate) carrying and giving birth to a child on behalf of another person or couple (the intended parents). In India, it has gained popularity among intended parents globally, drawn by its relatively lower costs and establishedmedicalinfrastructure.
UnderSections11-14:
The concerned authority must register the Surrogacy clinic. Surrogacy or procedure-related Surrogacy must be completedwithin60daysaftertheauthority'sappointment.Surrogacyclinics intended for women and intending couples can file an appeal against such orders as certificate rejection or cancellation, registration, and the application submitted by the competent authority totheState/CentralGovernment.Thevalidityofthe“RegistrationCertificate"isforthreeyears.
EvolutionofRegulations:
Over time, regulations governing surrogacy in India have evolved. The Surrogacy (Regulation) Bill,2019,wasintroducedtobringclarityandstructuretotheprocess.
Keypointsfromthebillinclude:
EligibilityCriteria:
● OnlyIndiancitizenscanoptforsurrogacyinIndia. ● Surrogacyislimitedtomarriedheterosexualcoupleswhomusthavebeenmarriedforat leastfiveyears.
MedicalCertification:
● Intendedparentsmustprovideamedicalcertificateprovingtheirinabilitytoconceive.
NatureofSurrogacy:
● Commercialsurrogacy,wherethesurrogateiscompensated,isprohibited. ● Onlyaltruisticsurrogacy,wherethesurrogateisnotpaidbeyondmedicalexpenses,is allowed.
SurrogateSelection:
● It is crucial to ensure that the selected surrogate meets thelegalrequirementsoutlinedin the Surrogacy (Regulation) Bill, 2019. Typically, the surrogate should be a married woman with at least one healthy child ofherown.Thelegalagelimitforsurrogatesmay vary,andadherencetotheseguidelinesisessential.
TheEssenceofResponsibleSurrogacyinIndia:
As each surrogacy journey is inherently unique,seekingprofessionaladviceisnotjustadvisable but crucial for making well-informed decisions. Selecting the right surrogate is a multifaceted process that demands careful consideration of legal, medical, and emotional factors. Intended parents embarking on the surrogacy journey in India should seek professional guidance to navigate this complex process successfully. By prioritizing the well-being of the surrogate and
adhering to legal regulations, intended parents canmakeinformeddecisions,fosteringapositive surrogacyexperienceforallpartiesinvolved.
Publishedby Shri.V .arunGopalakrishnanNair, V .GNair&Associates.