Surrogacy has become a significant option for couples facing infertility or medical conditions that prevent pregnancy. India has long been a hub for surrogacy, attracting intended parents from across the world. However, with changing laws and ethical considerations, it is essential to understand the legal, ethical, and emotional aspects of surrogacy in India.
Legal Aspects of Surrogacy in India
India's surrogacy laws have evolved significantly over the years. Initially, commercial surrogacy was widely practiced, making India a preferred destination for intended parents. However, concerns over ethical issues and exploitation led to the introduction of the Surrogacy (Regulation) Act, 2021.
Key Provisions of the Surrogacy (Regulation) Act, 2021:
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Only Altruistic Surrogacy Allowed – Commercial surrogacy is banned, and only altruistic surrogacy (where the surrogate is a close relative and receives no monetary compensation apart from medical expenses and insurance) is permitted.
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Eligibility Criteria for Intended Parents – Only Indian married couples (heterosexual) who have been medically certified as infertile can opt for surrogacy.
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Age Requirements – The intended mother must be between 23-50 years, and the intended father must be between 26-55 years.
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Ban on Foreigners and LGBTQ+ Couples – Foreign nationals, single parents, and same-sex couples are not allowed to pursue surrogacy in India.
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Legal Protection for Surrogates – Surrogate mothers receive medical and insurance coverage, and any form of exploitation is punishable by law.
Ethical Concerns in Surrogacy
Surrogacy raises several ethical dilemmas that need careful consideration:
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Exploitation Risks – In the past, commercial surrogacy led to cases where surrogate mothers were financially exploited. The new law aims to protect them, but concerns remain regarding the lack of fair compensation.
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Autonomy of the Surrogate – Ethical concerns arise about whether surrogates have full autonomy over their bodies and pregnancy-related decisions.
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Child’s Rights – The child born through surrogacy must be granted all legal rights and identity protection to prevent future disputes.
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Fair Treatment of Surrogates – Altruistic surrogacy, while preventing commercialization, may impose undue pressure on women who agree to become surrogates out of familial obligation rather than personal choice.
Emotional Aspects of Surrogacy
Surrogacy is an emotionally complex journey for all parties involved. Here are some key emotional challenges:
For Intended Parents:
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Hope and Anxiety – The process involves a rollercoaster of emotions, from excitement about parenthood to anxiety over the surrogacy journey and legal formalities.
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Attachment Issues – Some parents may struggle to bond with the child initially, especially when they are not carrying the baby themselves.
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Guilt and Gratitude – Parents may experience guilt for relying on another woman to carry their child, coupled with immense gratitude towards the surrogate.
For Surrogate Mothers:
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Emotional Attachment – Carrying a baby for nine months and then parting with it can be emotionally challenging, even if the surrogate is prepared for it.
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Social Stigma – Despite legal protection, surrogacy still carries a social stigma in many Indian communities.
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Psychological Impact – Surrogates need strong psychological support before, during, and after pregnancy to ensure their mental well-being.
Frequently Asked Questions (FAQ)
1. Who is eligible for surrogacy in India?
Only Indian married couples who are medically certified as infertile can opt for surrogacy. Single parents, foreign nationals, and same-sex couples are not eligible.
2. Is commercial surrogacy legal in India?
No, commercial surrogacy is banned in India under the Surrogacy (Regulation) Act, 2021. Only altruistic surrogacy is permitted.
3. What expenses are covered for the surrogate mother?
The surrogate mother is entitled to medical expenses, insurance, and necessary pregnancy-related costs but cannot receive any monetary compensation beyond this.
4. Can a surrogate mother change her mind after birth?
No, once the surrogacy agreement is signed and the process begins, the surrogate mother has no parental rights over the child.
5. How long does the surrogacy process take in India?
The surrogacy process can take around 12-18 months, including medical evaluations, legal formalities, embryo transfer, and pregnancy.
6. Can a relative become a surrogate mother?
Yes, under the law, only a close relative can become a surrogate, provided they meet the necessary health and age criteria.
7. What happens if the intended parents divorce during the surrogacy process?
The legal agreement signed before the process ensures the intended parents take full responsibility for the child, even in the event of separation or divorce.
Conclusion
Surrogacy in India continues to be a sensitive subject with legal, ethical, and emotional complexities. While the new laws provide protection and regulate the process, challenges remain regarding fairness, inclusivity, and psychological impact. Intended parents and surrogates must approach surrogacy with full awareness, empathy, and legal understanding to ensure a smooth and ethical journey.
If you're considering surrogacy, it's advisable to consult legal experts and medical professionals to understand the latest regulations and best practices. At Ferty Nest, we are here to guide you through every step of your fertility journey with care and compassion.
