Unlocking the New Surrogacy Bill: A Guide for Future Parents

Surrogacy, a method of assisted reproduction, has provided hope and joy to countless couples struggling with infertility. In India, the surrogacy process has undergone significant changes with the introduction of the Surrogacy Regulation Bill in 2019. This article aims to unravel the complexities of the new surrogacy bill and its impact on future parents. From understanding the regulations to eligibility criteria, we will explore the key aspects that intending parents need to know before embarking on their surrogacy journey.

Understanding the Surrogacy Regulation Bill

The Surrogacy Regulation Bill in India, introduced by the Ministry of Health and Welfare, has brought about a paradigm shift in the surrogacy landscape. According to the bill, a child born out of surrogacy will be deemed the baby of the intended parents. However, it is essential to note that the surrogate has the option to withdraw from the procedure before the embryo is implanted.

Commercial Surrogacy vs. Altruistic Surrogacy

Under the new regulations, commercialization of surrogacy in India is prohibited. Only altruistic surrogacy, where the surrogate is not motivated by monetary benefits, is allowed. Intended parents are required to cover the medical expenses and insurance coverage for the surrogate during pregnancy. The new regulations aim to prioritize the health and well-being of all parties involved in the surrogacy process.

Who is Eligible for Surrogacy?

The Surrogacy Regulation Bill outlines the eligibility criteria for couples seeking surrogacy. To be eligible, couples must meet the following requirements:

• Proven Infertility: Couples must provide a certificate of proven infertility from a district medical board or certified fertility center.

• Order of Parentage: Intended parents must obtain a legal document, issued by the Magistrate's Court, as an order of parentage and custody of the child from the surrogate.

• Insurance Coverage: Insurance coverage for the surrogate, covering postpartum delivery complications, is mandatory for approximately 15 months.

• Valid Marriage: Couples must have a valid marriage with a minimum relationship duration of 5 years. The female partner should be between 25-50 years of age, and the male partner should be between 26-55 years of age.

• No Existing Child: The couple should not have any surviving child through adoption or any other form.

Additional Requirements for Surrogates

Surrogates, who play a vital role in the surrogacy process, are also subject to certain requirements. A surrogate must be a close relative of the intended parents with a married status and at least one child. Additionally, the surrogate is required to submit a certificate of mental and psychological fitness, ensuring her readiness for the surrogacy journey.

Prohibited Practices and Penalties

The Surrogacy Regulation Bill strictly prohibits certain practices to safeguard the interests of all parties involved. These include:

• Advertising of Commercial Surrogacy: Any form of advertising for commercial surrogacy is illegal and penalized.

• Exploitation of Surrogate: Exploitation of the surrogate, including selling embryos or egg/sperm for commercial purposes, is strictly prohibited.

• Penalties: In case of any illegal practices, penalties such as imprisonment up to 10 years or a fine up to 10 lakh rupees may be imposed.

Limitations of the Surrogacy Bill

While the Surrogacy Regulation Bill has brought about significant changes, it is important to note its limitations. Homosexual couples are not allowed to use surrogacy as a means to grow their families. Additionally, the bill restricts couples to undergo surrogacy only once. Intended parents can approach close relatives or family members to act as the surrogate, ensuring a level of familiarity and trust within the process.

Seeking Professional Guidance

Before embarking on the surrogacy journey, it is crucial for intending parents to seek professional guidance and fully understand the regulations and bills. Consulting with attorneys or lawyers who specialize in surrogacy law can provide clarity and ensure that all necessary steps are followed. It is also advisable to choose a trusted agency or clinic that can facilitate the surrogacy process professionally and comprehensively.

Conclusion

The new Surrogacy Regulation Bill has marked a significant shift in the surrogacy landscape in India. By prioritizing the well-being of all parties involved and prohibiting commercial surrogacy, the bill aims to create a more regulated and ethical surrogacy process. Intending parents must familiarize themselves with the eligibility criteria, requirements, and limitations outlined in the bill to ensure a smooth and legally compliant surrogacy journey. With the right guidance and support, surrogacy can offer hope and fulfillment to couples longing to become parents.