India's Surrogacy Act, 2021: What Has Changed and What You Need to Know

Surrogacy Act made 'altruistic surrogacy' mandatory to curb exploitation of women

India has recently enacted a new law that regulates surrogacy in the country. The Surrogacy (Regulation) Act, 2021 replaces the Surrogacy (Regulation) Bill, 2019, which was passed by the Indian Parliament in August 2019, but had not yet been implemented due to various legal and administrative challenges.

Under the new law, surrogacy is only allowed for infertile couples who have been married for at least five years and who have been medically diagnosed with infertility. Surrogacy is also allowed for single women who are Indian citizens, but only if they are over the age of 45 and have been medically diagnosed with infertility.

Commercial surrogacy is strictly prohibited in India. This means that surrogates cannot be paid for carrying a child. Instead, surrogates are only allowed to receive compensation for medical expenses and other reasonable expenses incurred during the surrogacy process.

All surrogacy arrangements must be registered with the appropriate authorities and must be approved by a surrogacy board. Only Indian citizens are allowed to enter into a surrogacy arrangement, and the surrogate must be a close relative of the intended parents, such as a sister or cousin. The intended parents must be at least 25 years old, and the surrogate must be at least 21 years old. The surrogacy process must be carried out in a registered fertility clinic and must be overseen by a medical team.

The Surrogacy (Regulation) Act, 2021 aims to protect the rights and well-being of surrogates and intended parents, and to prevent exploitation and abuse. It also aims to ensure that surrogacy is only used as a last resort for couples who are unable to have children through other means. Overall, the new law aims to provide a legal framework for surrogacy in India and to regulate the surrogacy industry.

The Act replaces the Surrogacy (Regulation) Bill, 2019, which was passed by the Indian Parliament in August 2019, but had not yet been implemented due to various legal and administrative challenges.

The Surrogacy (Regulation) Act, 2021 aims to provide a legal framework for surrogacy in India, and to ensure the rights and well-being of surrogates and intended parents. Some of the key provisions of the Act include:

1.       Surrogacy is only allowed for infertile couples who have been married for at least five years, and who have been medically diagnosed with infertility.

2.       Surrogacy is also allowed for single women who are Indian citizens, but only if they are above the age of 45 and have been medically diagnosed with infertility.

3.       Commercial surrogacy is banned in India, meaning that surrogates cannot be paid for carrying a child. Surrogates can only receive compensation for medical expenses and other reasonable expenses incurred during the surrogacy process.

4.       All surrogacy arrangements must be registered with the appropriate authorities, and must be approved by a surrogacy board.

5.       Only Indian citizens can enter into a surrogacy arrangement, and the surrogate must be a close relative of the intended parents, such as a sister or cousin.

6.       The intended parents must be at least 25 years old, and the surrogate must be at least 21 years old.

7.       The surrogacy process must be carried out in a registered fertility clinic, and must be overseen by a medical team.

Overall, the Surrogacy (Regulation) Act, 2021 aims to regulate the surrogacy industry and ensure the rights and well-being of surrogates and intended parents. It also aims to prevent exploitation and abuse, and to ensure that surrogacy is only used as a last resort for couples who are unable to have children through other means