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
- 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.
- window (or) Divorcee aged between 35 to 45, who proven infertility
- 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