Surrogacy (Regulation) Act, 2021 UPSC

Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021 is a significant piece of legislation in India aimed at regulating the practice of surrogacy, ensuring ethical practices, and protecting the rights of both surrogates and intended parents. Here is a detailed analysis of the Act:

Objectives of the Surrogacy (Regulation) Act, 2021

1. Regulation of Surrogacy: Establish a framework for regulating surrogacy practices to ensure they are ethical and legal.
2. Protection of Rights: Safeguard the rights of surrogates and intended parents, ensuring the welfare of both parties.
3. Prevention of Commercial Surrogacy: Ban commercial surrogacy to prevent exploitation and commodification of surrogates.
4. Encouragement of Altruistic Surrogacy: Promote altruistic surrogacy, where the surrogate mother receives no financial compensation beyond medical expenses and insurance coverage.

Key Provisions of the Act

1. Definition of Surrogacy:
   • Altruistic Surrogacy: Surrogacy where the surrogate mother receives no monetary compensation other than reasonable medical expenses and insurance coverage.
   • Commercial Surrogacy: Surrogacy where the surrogate mother is paid or compensated beyond medical expenses, which is prohibited by the Act.
2. Eligibility Criteria for Surrogacy:
   • Intending Couple:
     • Must be Indian citizens and married for at least five years.
     • Age criteria: Wife between 23 to 50 years and husband between 26 to 55 years.
     • Must not have any surviving child (biological, adopted, or surrogate) except in cases where the surviving child is mentally or physically challenged or suffers from a life-threatening disorder.
   • Surrogate Mother:
     • Must be a close relative of the intending couple.
     • Must be a married woman with at least one child of her own.
     • Age criteria: Between 25 to 35 years.
     • Can only act as a surrogate once in her lifetime.
3. Surrogacy Clinics:
   • Clinics must be registered under the Act.
   • Must comply with the standards set by the National and State Surrogacy Boards.
4. Authorities Established:
   • National Surrogacy Board: Provides overall policy guidance, advises the central government, and supervises the implementation of the Act.
   • State Surrogacy Boards: Implement policies at the state level and oversee surrogacy practices within their jurisdictions.
5. Surrogacy Agreement:
   • A legal agreement must be entered into between the intending couple and the surrogate mother.
   • The agreement must be documented and registered to ensure all parties understand and agree to the terms.
6. Prohibited Practices:
   • Commercial surrogacy, abandonment of the surrogate child, exploitation of the surrogate mother, and selling or buying of human embryos or gametes.
   • The Act also prohibits conducting sex selection for surrogacy.

Implementation and Enforcement

1. Registration of Clinics: All surrogacy clinics must be registered under the Act and adhere to the prescribed standards.
2. Inspection and Monitoring: The National and State Surrogacy Boards are responsible for inspecting and monitoring surrogacy clinics to ensure compliance.
3. Penalties for Violations:
   • Engaging in commercial surrogacy or violating any provision of the Act can lead to imprisonment for up to ten years and fines up to ten lakh rupees.
   • Clinics operating without registration face penalties including imprisonment and fines.

Implications and Impact

1. Protection of Surrogates: The Act aims to protect surrogate mothers from exploitation and ensure their health and well-being.
2. Ethical Surrogacy Practices: By banning commercial surrogacy and promoting altruistic surrogacy, the Act seeks to maintain ethical standards in surrogacy arrangements.
3. Legal Clarity: Provides a clear legal framework for surrogacy, reducing ambiguity and potential legal disputes.
4. Access to Surrogacy: While the Act promotes altruistic surrogacy, the stringent eligibility criteria may limit access for some couples.

Criticisms and Challenges

1. Restrictive Criteria: The requirement for surrogates to be close relatives and the stringent eligibility criteria for intending couples have been criticized as overly restrictive.
2. Altruistic Surrogacy Feasibility: Concerns have been raised about the practical feasibility of altruistic surrogacy, given the financial and emotional demands on the surrogate mother.
3. Potential for Black Market: The ban on commercial surrogacy might drive the practice underground, leading to unregulated and unsafe surrogacy arrangements.
4. Impact on Single and LGBTQ+ Individuals: The Act does not provide provisions for single individuals or LGBTQ+ couples to access surrogacy, which has been seen as discriminatory.

Conclusion

The Surrogacy (Regulation) Act, 2021, represents a significant step towards regulating surrogacy in India, aiming to protect the rights of surrogate mothers and intending parents while preventing exploitation. However, the Act’s restrictive criteria and focus on altruistic surrogacy present challenges that may need to be addressed to ensure fair and equitable access to surrogacy for all individuals seeking to build families.

Also Read-

• World Food Program UPSC
• Global Hunger Index Detailed Analysis
• WHO Report on Tobacco Control
• The 100 Million Farmers UPSC 2024
• The World Toilet Organization UPSC 2024

[su_posts posts_per_page=”5″ tax_term=”22″ order=”desc”]