Surrogacy

About

Surrogacy, sometime Known as gestational   carrier, is a women gave birth to a child on behalf of another couple(or) person

In India surrogacy is regulated by the surrogacy regulation Act,2021

Surrogacy (Regulation Act,2021)

Eligible Persons

  1. Legally married couples at least married for 5 years who proven infertility [men-26-55 age], [women 25-50age] and should not have any surviving, adopted and surrogate child.
  2. window (or) Divorcee aged between 35 to 45, who proven infertility
  3. Surrogate mother-25 to 35 years of age and should be-close relative
  • Should have married and have surviving child
  • She should be the first time surrogator
  • Subject mental fitness

Penalty

  • Commercial surrogacy punishable by Up to 10years jail and fine up to 10 lakhs

Problems

  • Discriminatory
    • Unmarried women, LGBT couples, single men, live-in-partner cannot avail this servile
  • Negligence of women rights
    • Intending couples can only use their own gametes not-donor gametes for surrogacy
  • Disability children
    • Couples having disability children can avail surrogacy, this will compromise the dignity of the disable child
  • Exploitation of surrogate mother
    • Surrogate mother entails to avail medical expenses and insurance coverage from the couples, but lack of oversight-mechanism this provision hardly followed

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