Surrogacy, a beacon of hope for couples grappling with infertility, offers a promising path to parenthood when other methods have proven unsuccessful. In India, surrogacy has emerged as a popular choice, thanks to its relatively affordable costs and the availability of compassionate surrogates.
However, the legal landscape surrounding surrogacy in India has undergone significant changes in recent years. This blog provides an in-depth look at the current legal updates, practical guidance for prospective parents, and relevant information on medicines during pregnancy, with a focus on how these factors intertwine with the surrogacy journey.
What are the rules for surrogacy in India?
Surrogacy involves a surrogate mother carrying a child for the intended parents, often due to medical or fertility issues. There are two types of surrogacy: traditional and gestational. In conventional surrogacy, the surrogate is the biological mother of the child, as her egg is used in the process. Gestational surrogacy, on the other hand, involves implanting an embryo created from the intended parents’ or donors’ genetic material, making the surrogate merely the carrier of the pregnancy.
What is the Surrogacy Law Act 2021?
The legal landscape of surrogacy in India has been shaped by the Surrogacy (Regulation) Act 2021. This act was introduced to regulate the practice of surrogacy, ensuring ethical practices and safeguarding the rights of all parties involved. Here are the key provisions:
- Eligibility Criteria: The act specifies who can be an intended parent and who can be a surrogate. Only married couples with proven infertility can opt for surrogacy, and the surrogate must be a close relative who has been married and has a child.
- Altruistic Surrogacy: The act allows only altruistic surrogacy, where the surrogate is not paid beyond medical expenses and insurance coverage. Commercial surrogacy, which involves payment beyond medical expenses, is prohibited.
- Surrogacy Clinics: All surrogacy clinics must be registered and adhere to strict guidelines to ensure ethical practices and the health and safety of the surrogate and the child.
- Protection of Surrogates: The act mandates comprehensive insurance coverage for surrogates, protecting them against health risks associated with pregnancy and delivery.
What is the step-by-step surrogacy process?
For intended parents, navigating the surrogacy process involves several steps:
- Eligibility Assessment: Ensure you meet the eligibility criteria as per the Surrogacy (Regulation) Act, 2021. This involves medical assessments and documentation proving infertility.
- Finding a Surrogate: Since the act mandates that the surrogate must be a close relative, this can be one of the more challenging aspects. Ensuring the surrogate is medically and psychologically fit is crucial.
- Legal Agreements: Drafting and signing legal agreements that outline the rights and responsibilities of both parties is essential. This includes terms regarding medical care, compensation (only for medical expenses), and post-birth arrangements.
- Medical Procedures: Once the legalities are settled, medical procedures begin. This includes in-vitro fertilisation (IVF) for creating embryos and transferring them to the surrogate.
- Pregnancy and Birth: The surrogate receives regular medical check-ups and support throughout the pregnancy. After birth, the child is handed over to the intended parents, and necessary legal documentation is completed.
What medicine can I take while pregnant?
During surrogacy, it’s essential to ensure the surrogate's health is prioritised, which includes proper medication management. Here are some commonly used medicines:
- Rhoclone 300mcg Injection Uses: This injection is often administered to prevent Rh incompatibility, a condition where the mother’s blood type is incompatible with the baby's, potentially leading to serious complications.
- Heptral 400mg Tablet: This medication is used to treat liver disorders, which can be crucial for maintaining overall health during pregnancy. It's particularly relevant if the surrogate has pre-existing liver conditions.
What is the legal and ethical practice of surrogacy in India?
The introduction of the Surrogacy (Regulation) Act 2021 has sparked considerable debate. While it aims to protect the rights of surrogates and prevent exploitation, some argue that it imposes undue restrictions on intended parents and surrogates. The requirement for surrogates to be close relatives, for instance, significantly narrows the pool of potential surrogates and can complicate the process for many couples.
Surrogacy in India remains a viable option for many couples seeking to expand their families. However, the process is now heavily regulated to ensure ethical practices and protect all parties involved. As the legal landscape continues to evolve, staying well-informed and seeking professional guidance is crucial for a smooth and fulfilling surrogacy experience, empowering you to make informed decisions and navigate the process with confidence.
