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