SURROGACY | IAS GYAN

Copyright infringement not intended

Context - Surrogacy law was challenged in Delhi High Court to allow a single man or a married woman to get a child through surrogacy.

Details

Assisted Reproductive Technology (Regulation) Act, 2021, and Surrogacy (Regulation) Act, 2021 are challenged to allow a single man and a woman to get a child through surrogacy.

Surrogacy

It is a Practice where one woman carries the Child for another intending to hand over the child after birth.
Surrogacy (Regulation) Act 2021, Prohibits Commercial Surrogacy and allows Altruistic Surrogacy.
- Altruistic Surrogacy involves no Compensation to the Surrogate mother other than the medical and insurance expenses related to Pregnancy.
- Compensation must take Care of Several things including wages lost during the Pregnancy, Psychological Counseling, and Post-delivery Care.

Copyright infringement not intended

Under the Surrogacy (Regulation) Act, 2021

A woman who is a widow or a divorcee between the age of 35 and 45 years or a couple, defined as a legally married woman and man, can avail of surrogacy if they have a medical condition necessitating this option.
It also bans commercial surrogacy, which is punishable with a jail term of 10 years and a fine of up to Rs 10 lakh.
The Act allows only altruistic surrogacy where no money exchanges hands and where a surrogate mother is genetically related to those seeking a child.

Copyright infringement not intended

Concern

Potential for exploiting Poor women.
Altruistic Surrogacy by Close relatives may have a psychological and emotional impact on Surrogate Child, Parentage and Custody issues, inheritance and property disputes.