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Picture Courtesy: https://lexcomply.com/blog/government-notifies-surrogacy-regulation-rules-for-surrogacy-clinics/
Context: The Union Government has amended the Surrogacy (Regulation) Rules, 2022, allowing married couples with medical conditions to utilize donor gametes (eggs or sperm) in the surrogacy process.
Surrogacy
There are two main types of surrogacy
Key Aspects and Considerations Related to Surrogacy
Surrogacy in India
Surrogacy (Regulation) Act 2021
Aspect |
Explanation |
Purpose |
To regulate the practice and process of surrogacy in India. To ensure ethical practices and prevent exploitation of any party involved. To safeguard the rights of intending parents, surrogate mothers, and born children. |
Type of Surrogacy Permitted |
Altruistic surrogacy only. This means No monetary compensation beyond medical expenses and insurance coverage is offered to the surrogate mother. The surrogate mother acts out of altruism (selfless concern for the well-being of others). |
Who can be a Surrogate Mother? |
Age: Between 25 and 45 years old. Marital Status: Married woman. Medical Fitness: Possesses a certificate of medical and psychological fitness for surrogacy. Experience: Must have already given birth to a healthy child of her own. Relationship: Must be a close relative (up to second degree) of the intending couple OR an unrelated woman who has a genuine relationship with the intending couple and meets all other eligibility criteria. |
Who can be Intending Parents? |
Marital Status: Legally married Indian couple. Age: Male partner: 26-55 years old, Female partner: 25-50 years old. Medical Condition: Any medical condition that prevents pregnancy (current version). Parental Status: No biological, adopted, or surrogate child. |
Key Provisions |
Registration Requirement: All surrogacy clinics must be registered with the appropriate authorities. Informed Consent: Written informed consent from the surrogate mother is mandatory at every stage of the process. - Prohibited Practices: Commercial surrogacy (paying the surrogate mother beyond medical expenses and insurance). Abandoning the child born through surrogacy. Sex selection of the child. Forced abortion on the surrogate mother. Child's Rights: The rights and well-being of the born child are protected under the Act. Regulation Bodies: National and State Surrogacy Boards are established to oversee and regulate surrogacy practices. |
Penalties |
Violations of the Act can lead to imprisonment of up to 10 years. A fine of up to Rs. 10 lakhs can be imposed. |
Conclusion
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SURROGACY: https://www.iasgyan.in/daily-current-affairs/surrogacy-44
PRACTICE QUESTION Q. Which of the following statements accurately describes the compensation allowed for surrogacy in India? A) The surrogate mother can receive any amount freely negotiated with the intended parents. B) The intended parents can cover the surrogate's medical expenses and provide reasonable compensation. C) The surrogate mother is entitled to a fixed payment mandated by the government. D) All forms of compensation for surrogacy are strictly prohibited. Answer: D Explanation: Option (D) is correct: The Surrogacy (Regulation) Act, 2021 prohibits all monetary compensation for surrogacy. Only medical expenses and insurance coverage during pregnancy can be covered for the surrogate mother. Option (A) is incorrect because commercial surrogacy is banned. Option (B) is incorrect because any form of compensation beyond medical expenses is illegal. Option (C) is incorrect because there is no fixed payment system. |
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