Recent SC Ruling:
- Supreme Court held that age limits under the Act do not apply to couples who had frozen embryos or started surrogacy before the Act came into force (January 25, 2022).Surrogacy (Regulation) Act, of India 2021
Key Features of the Act
1. Objective:
- To prevent exploitation of women through commercial surrogacy.
- To regulate surrogacy procedures and clinics.
2. Types of Surrogacy:
- Commercial Surrogacy: Prohibited.
- Altruistic Surrogacy: Permitted — surrogate receives no monetary compensation except medical and insurance expenses.
3. Regulation of Clinics:
- Registration mandatory for all surrogacy clinics.
- No clinic or medical practitioner can conduct surrogacy without registration.
4. Prohibitions:
- Commercial surrogacy practices by any person or clinic.
- Abortion during surrogacy without written consent of the surrogate mother and the registered medical team.
5. Conditions for Surrogacy:
- Must obtain Certificate of Essentiality before initiating the procedure.
6. Eligibility of Surrogate Mother:
- Married woman with at least one child of her own.
- Age: 25–35 years.
- Cannot use her own gametes.
- Can act as a surrogate only once.
7. Eligibility of Intended Couple:
- Must be Indian nationals and married for at least 5 years.
- Age limits: Woman: 23–50 years; Man: 26–55 years.
- Must not have any surviving child (biological, adopted, or via surrogacy).
8. Legal Status of Child:
- Child born through surrogacy is deemed biological of the intended couple.
- Entitled to all rights and privileges of a natural child.
Essence:
The Act legalizes only ethical, altruistic surrogacy, aims to protect women from exploitation, ensures strict regulation of clinics, and provides legal clarity on the rights of the surrogate and the child.
Its being exploited as women from foreign countries have found an easy way to have child by giving some amount of money to the Indian females and having a child, in this way they did not have to loose their body fitness .
Poor Indian women are getting expoloited in need of money as they get some amount of oney by this process
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