Daily News Analysis

SURROGACY

28th May, 2022 Social Issues

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Context - Surrogacy law was challenged in Delhi High Court to allow a single man or a married woman to get a child through surrogacy.

 

Details

  • Assisted Reproductive Technology (Regulation) Act, 2021, and Surrogacy (Regulation) Act, 2021 are challenged to allow a single man and a woman to get a child through surrogacy.

 

Surrogacy

  • It is a Practice where one woman carries the Child for another intending to hand over the child after birth.
  • Surrogacy (Regulation) Act 2021, Prohibits Commercial Surrogacy and allows Altruistic Surrogacy.
    • Altruistic Surrogacy involves no Compensation to the Surrogate mother other than the medical and insurance expenses related to Pregnancy.
    • Compensation must take Care of Several things including wages lost during the Pregnancy, Psychological Counseling, and Post-delivery Care.

 

Under the Surrogacy (Regulation) Act, 2021

  • A woman who is a widow or a divorcee between the age of 35 and 45 years or a couple, defined as a legally married woman and man, can avail of surrogacy if they have a medical condition necessitating this option.
  • It also bans commercial surrogacy, which is punishable with a jail term of 10 years and a fine of up to Rs 10 lakh.
  • The Act allows only altruistic surrogacy where no money exchanges hands and where a surrogate mother is genetically related to those seeking a child.

 

Concern

  • Potential for exploiting Poor women.
  • Altruistic Surrogacy by Close relatives may have a psychological and emotional impact on Surrogate Child, Parentage and Custody issues, inheritance and property disputes.

 

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