Surrogacy in Indian law

Surrogacy in Indian law

Surrogacy is a substantive way of having a child if any couple is not able to have child  biological way .in India the surrogacy bill was passed in 2021 .

The acts for surrogacy in India is - surrogacy regulation act 2021  , surrogacy regulation rule 2022. 

What is surrogacy : a surrogacy in simpler term is a women giving a birth of  another couple or women child biological way .

 surrogacy is practice where a women give birth to a child for intending couple with the intention of handing over the baby after birth . 

the women who give birth through this process is called surrogate mother . 

Type of surrogacy:        surrogacy is two type 1/ traditional surrogacy 2/ gestational surrogacy which is explain below 

Traditional surrogacy  : in this surrogacy the surrogate mother use her own egg in this method where there sperms placed inside the surrogate mother using intrauterine insemination .

Gestational surrogacy   : in this surrogacy system the surrogate mother have to go through IVF process . it is more complicated and long process  ,

and in this process the couple and the surrogate mother all have to go through many test and process. Gestational surrogacy is legal in India . 

Importance of this act :     this act was enacted for the protection of the exploitation of the exploitation happens with the women , and for the protection of the legal rights 

Of the child who is born through this surrogacy process . 

Who can be a surrogate mother : This a very important to know how can be a surrogate mother and what is the legal provision under the surrogacy act ?

To be a surrogate mother India the women have to be the willing women who actually have her full consent to be a surrogate mother . and she must me a married women and have a child of her own .

She must have the competent age of 25-35 .under the Indian law it has said that a women can be a surrogate mother for once in her life time .the government make sure that the surrogate mother have a insurance coverage of 36 month 

Under the rule 5(2)

surrogate parents : this act only recognised married couple and a widow or divorce women to be a surrogate parents . they have to be in the age of 25 -45 , and the couple have get the medical bord certificate of incapability of having a child of both or one of them . they must make sure to provide insurance to surrogate mother .

commercial surrogacy in India :The main purpose of surrogacy law in india to help the couple how is incapable of having a biological child . this act mainly banned commercial surrogacy I india 

for to stop forced surrogacy and the exploitation and fraud .it was also banned to protect the surrogate child trafficking and smuggling and its safety .

Conclusion : though this act is for the benefit a lots of people but this act exclude a lots of people to get the benefit of this surrogacy system , 

and there are very less benefit also if we think about the surrogate mother and her health .there is some plead in the high court for some changes of some rules .

Important case law : baby manji Yamada vs uio,  Jan balaz vs anand municipality

**Author : Jini Das ,a Student of B.R.M. government law college