Altruistic surrogacy in India has emerged as a significant aspect of reproductive technology, embodying both hope and controversy. Unlike commercial surrogacy, where financial gain is the primary motivation, altruistic surrogacy involves a woman willingly carrying a child for intended parents without monetary compensation, often driven by a desire to help others fulfill their dreams of parenthood. India, once a global hub for commercial surrogacy, banned the practice in 2018 but continues to permit altruistic surrogacy under strict regulations. This altruistic model raises complex ethical, legal, and social questions while offering a pathway to parenthood for couples facing infertility challenges. Understanding the dynamics and implications of altruistic surrogacy in the Indian context requires careful examination of its cultural, economic, and legal dimensions.
The Surrogacy (Regulation) act defines surrogacy as a practise where a woman gives birth to a child for an intending couple to hand over the child after the birth to the intending couple.
Altruistic Surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
Provisions of the Surrogacy Regulation Act – Key Points:
Conditions for permitting surrogacy:
- For intending couples who suffer from proven infertility.
- Altruistic
- Not for commercial purposes
- Not for producing children for sale, prostitution, or other forms of exploitation
- For any condition or disease specified through regulations.
National and State Surrogacy Boards: Central and state governments establish the National Surrogacy Board (NSB) and State Surrogacy Boards (SSB) respectively. Functions of the NSB:
- Advises the central government on surrogacy-related policy matters.
- Sets the code of conduct for surrogacy clinics.
- Supervises the functioning of State Surrogacy Boards.
Parentage and Abortion Rules:
- Child born through surrogacy considered the biological child of the intending couple.
- Abortion of the surrogate child requires written consent from the surrogate mother and authorization from the appropriate authority, in compliance with the Medical Termination of Pregnancy Act, 1971.
- Surrogate mother can withdraw from surrogacy before the embryo is implanted in her womb.
Offenses and Penalties:
- Undertaking or advertising commercial surrogacy is prohibited.
- Exploiting the surrogate mother, abandoning, exploiting, or disowning a surrogate child is an offense.
- Selling or importing human embryos or gametes for surrogacy is forbidden.
- Penalties include imprisonment up to 10 years and a fine of up to 10 lakh rupees for these offenses.
Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a certificate of eligibility issued by the appropriate authority.
Certificate of essentiality is issued if the following conditions are met:
- A certificate of proven infertility of one or both members of the intending couple from a District Medical Board.
- An order of parentage and custody of the surrogate child passed by a Magistrate’s court.
- Insurance coverage for 16 months covering postpartum delivery complications for the surrogate.
Certificate of eligibility is issued on meeting the following conditions:
- The couple should be Indian citizens and married for at least five years.
- Age of wife- 23 to 50 years old and husband- 26 to 55 years old.
- They do not have any surviving child (biological, adopted, or surrogate) – this would not include a child who is mentally or physically challenged or suffers from a life-threatening disorder or fatal illness.
Eligibility criteria for surrogate mother:
- A close relative of the intending couple
- A married woman having a child of her own
- Age – 25 to 35 years old
- A surrogate only once in her lifetime
- Possess a certificate of medical and psychological fitness for surrogacy.
- The surrogate mother cannot provide her gametes for surrogacy.
FAQs
Q: What is altruistic surrogacy?
Altruistic surrogacy is a form of surrogacy where a woman carries a child for another person or couple without financial compensation beyond the reimbursement of medical and other reasonable expenses incurred during the process. It is driven by the desire to help individuals or couples who are unable to conceive or carry a child themselves.
Q: Is altruistic surrogacy legal in India?
Yes, altruistic surrogacy is legal in India. However, commercial surrogacy, where the surrogate mother is paid beyond medical expenses, was banned in 2018. Altruistic surrogacy, on the other hand, is still permitted under certain regulations and guidelines established by the government.
Q: Who can opt for altruistic surrogacy in India?
Altruistic surrogacy in India is typically available to married heterosexual couples who are unable to conceive a child due to medical reasons. Single individuals and same-sex couples may also pursue surrogacy in India, provided they meet the eligibility criteria outlined by the law and regulatory bodies.
Q: What are the legal requirements for altruistic surrogacy in India?
To pursue altruistic surrogacy in India, intended parents must fulfill certain legal requirements, including obtaining a surrogacy agreement with the surrogate mother, undergoing medical and psychological evaluations, and securing legal documentation to establish parental rights over the child born through surrogacy. It’s crucial to adhere to the regulations set forth by the Indian government to ensure a smooth and legally sound surrogacy process.
Q: What are the ethical considerations of altruistic surrogacy in India?
Ethical considerations surrounding altruistic surrogacy in India include ensuring the well-being and autonomy of the surrogate mother, protecting the rights and interests of the child, and addressing issues of exploitation and coercion. It’s essential for all parties involved to undergo counseling and legal guidance to understand their rights and responsibilities throughout the surrogacy journey. Additionally, transparency, consent, and fair treatment of the surrogate mother are paramount to uphold ethical standards in altruistic surrogacy arrangements.
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