Categories: Legal Articles
Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to bear a child for another person or persons, who will become the child’s parent(s) after birth. In surrogacy arrangements, monetary compensation may or may not be involved.
The 228th report of the Law Commission had recommended prohibiting commercial surrogacy and allowing ethical altruistic surrogacy by enacting a suitable legislation. Hence The ‘Surrogacy (Regulation) Bill, 2016’ was introduced in the Lok Sabha on November 21 in 2016 and was referred to the Parliamentary Standing Committee on Health and Family Welfare in January 2017.The Parliamentary Standing Committee held various meetings with stakeholders, central government ministries and department, NGOs, medical professionals, lawyers, researchers, commissioning parents and surrogate mothers for holding discussions and to receive their suggestions. The 102nd report of the departmental-related Parliamentary Standing Committee on Health and Family Welfare on the bill was tabled in the Rajya Sabha and simultaneously in the Lok Sabha
In India with the advent of the Surrogacy Regulation Bill, 2016 the surrogacy for single men,women and gay couples has been banned.
Now, only altruistic surrogacy is permitted by law which is when a married couple is not being able to have a child despite 5 years of marriage and they have a certificate from a medical practitioner to that effect that they are unfit for reproduction then only blood relatives between the age of 25 to 35 years can now become a surrogate.
Also the woman opting to become a surrogate mother should be married and with a child of her own.Women within the age group of 23 to 50 years and men between 26 to 55 years will be eligible to go for surrogacy.
Under this bill, homosexuals, single parents, and live-in couples are also not entitled for surrogacy.The producer-director Karan Johar became father of twins throughsurrogacy in February 2017. Also, actor TussharKapoor, became father of a boy in June 2016 through surrogacy.
Conclusion
- Now with the existing legal regime in place the surrogacy option has been taken away from single parents including single males.
- If a male is interested in opting for surrogacy, then under the existing legal regime he has to satisfy the below conditions:-
- If a man has to go for surrogacy then he has to be between 26 to 55 years of age.
- He has to be married for 5 years.
- His wife should be between the age of 23-50 years.
- The married couple should be unable to reproduce a child and it has to be confirmed by a certified medical practitioner in writing.
- They should not be having a surviving child except who is suffering from a mental or physical Illness or a terminal disease.
- Only blood relatives between the age of 25 to 35 years can now become a surrogate.
- Also the woman opting to become a surrogate mother should be married and with a child of her own and can become a surrogate mother once in her lifetime.
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