In India, the laws governing surrogacy are primarily based on the Assisted Reproductive Technology (ART) Regulation Bill, 2020. The bill aims to regulate the practice of assisted reproductive technology and ensure the rights and well-being of the parties involved, including intended parents, surrogates, and children born through surrogacy. It replaces the earlier Surrogacy (Regulation) Bill, 2019, which was pending for consideration by the Parliament at the time of my knowledge cutoff.
Key provisions of the Assisted Reproductive Technology (ART) Regulation Bill, 2020:
- Eligibility of Intended Parents:
The bill allows only Indian heterosexual married couples who have been legally married for at least five years to avail of surrogacy services. They should also be able to provide a certificate of infertility issued by a registered medical practitioner. - Prohibition on Commercial Surrogacy:
The bill bans commercial surrogacy, meaning surrogacy for monetary compensation or any other kind of payment. Only altruistic surrogacy is permitted, where the surrogate does not receive any financial benefit except for medical expenses and insurance coverage. - Eligibility of Surrogates:
Surrogates must be a close relative of the intending couple, typically a married woman having her child. She should be between 25 to 35 years of age and should have a child of her own. Additionally, she should undergo medical and psychological screening to ensure her suitability for surrogacy. - Regulation of ART Clinics:
The bill establishes a National and State Boards to regulate and oversee the functioning of ART clinics. These boards will grant and renew licenses to clinics, enforce standards and guidelines, and ensure the welfare of the parties involved. - Legal Status of the Child:
The child born through surrogacy will be deemed to be the biological child of the intending couple. Upon birth, the intended parents will be the legal parents of the child, and their names will be on the birth certificate. This provision aims to provide certainty and clarity regarding the child’s parentage. - Surrogacy Agreements:
The bill mandates the need for a surrogacy agreement between the intending couple and the surrogate. The agreement must be legally enforceable, transparent, and provide for all the necessary details and obligations of the parties involved. - Insurance Coverage:
The bill requires the intending couple to provide insurance coverage for the surrogate during the period of surrogacy. The insurance must cover any medical complications or emergencies arising during the surrogacy process.
It’s important to note that the information provided is based on the Assisted Reproductive Technology (ART) Regulation Bill, 2020, which was pending for consideration by the Parliament. The final legislation, if passed, may have undergone changes or amendments. Therefore, it is advisable to consult the latest legal resources or seek professional legal advice for the most accurate and up-to-date information on surrogacy laws in India.