The Surrogacy (Regulation) Act, 2021 is a significant legislative measure by the Indian government aimed at regulating the practice of surrogacy. It seeks to ensure ethical standards and protect the rights of all parties involved. Enacted on January 25, 2022, this Act replaces previous legislation and addresses various issues related to surrogacy. It particularly focuses on preventing exploitation and establishing a regulated framework for such arrangements.
Objectives and Scope
The main goals of the Surrogacy (Regulation) Act, 2021, are to regulate altruistic surrogacy and prohibit commercial surrogacy. The Act’s focus on altruistic surrogacy is intended to protect surrogate mothers from being exploited for financial gain. In altruistic surrogacy, a surrogate is not compensated beyond her medical expenses and insurance coverage, thus preventing potential abuses and financial coercion.n.
Eligibility Criteria
According to the Act, there are several criteria that individuals must meet in order to participate in surrogacy arrangements. Only Indian citizens or Overseas Citizens of India (OCI) who have been married for at least five years are eligible to pursue surrogacy. The intended parents must also be certified as infertile by a medical board, ensuring that surrogacy is pursued as a last resort after exhausting other methods of conception.
As for surrogates, the Act mandates that they be between 25 and 35 years old and have at least one child of their own. This requirement is intended to ensure that the surrogate is physically and emotionally prepared for the surrogacy process. Additionally, surrogates must undergo comprehensive medical and psychological assessments before agreeing to participate.
Regulation of Surrogacy Clinics
Surrogacy clinics are required to be registered with the appropriate authorities and adhere to strict guidelines to ensure ethical practices and the welfare of surrogates. They must maintain detailed records of all surrogacy arrangements and ensure that surrogates receive proper medical care and support throughout the process. The National Surrogacy and ART (Assisted Reproductive Technology) and Surrogacy Regulatory Board oversees and regulates surrogacy practices, ensures compliance with the legal framework, and addresses grievances. The board also maintains standards and protects the rights of all stakeholders involved in surrogacy arrangements.
Legal Parentage and Rights
One of the significant aspects of the Act is its provision for determining the legal parentage of children born through surrogacy. The intended parents are recognized as the legal parents from the moment of birth, provided that all legal requirements are met. This provision ensures that the child has a clear legal status and that parental rights are well-defined, preventing potential disputes regarding custody or parentage.
Penalties and Enforcement
In order to enforce the Act and prevent violations, strict penalties are prescribed by the legislation. Individuals or entities involved in commercial surrogacy, unethical practices, or violations of the Act’s provisions may face imprisonment and fines. These penalties serve as a deterrent against exploitation and ensure that surrogacy practices are conducted in a lawful and ethical manner.
Conclusion
The Surrogacy (Regulation) Act, of 2021, is a significant milestone in the regulation of surrogacy in India. The Act focuses on altruistic surrogacy, establishes strict eligibility criteria, regulates surrogacy clinics, and sets up a regulatory board. Its primary goal is to ensure that surrogacy is carried out with respect for all parties involved. The Act aims to protect the rights and welfare of surrogate mothers, provide legal clarity for intended parents, and maintain high ethical standards in reproductive practices. This comprehensive framework reflects India’s commitment to addressing the complexities of surrogacy while upholding human dignity and ethical norms.
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