Why in News?
The Supreme Court ruled that the age limits under the Surrogacy (Regulation) Act, 2021, cannot be applied retrospectively, allowing couples who froze embryos before January 25, 2022, to proceed with surrogacy, upholding reproductive autonomy.
Description:
Objective:
To regulate surrogacy in India, prohibit commercial surrogacy, and allow only altruistic surrogacy to prevent exploitation of women and protect child rights.
Key Features:
- Type Allowed: Only altruistic surrogacy (no monetary payment; only medical and insurance expenses covered).
- Commercial surrogacy: Banned.
- Purpose: Only for intending couples suffering from proven infertility.
- Foreigners, single parents, and LGBTQ individuals: Not eligible.
Eligibility:
For Intending Couple:
- Must be Indian citizens.
- Married for at least 5 years.
- Age limits: Wife 23–50 years; Husband 26–55 years.
- Must not have a surviving biological or adopted child (except in case of differently abled child).
For Surrogate Mother:
- Must be an ever-married woman aged 25–35 years.
- Must have a child of her own.
- Can act as surrogate only once.
- Should be a close relative of the intending couple.
- Cannot use her own gametes.
Regulation and Oversight:
- National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs) established for policy, coordination, and supervision.
- All surrogacy clinics must be registered under the Act.
Offences and Penalties:
- Undertaking or advertising commercial surrogacy.
- Exploiting surrogate mothers.
- Selling or importing embryos or gametes. Punishment: Imprisonment up to 10 years and fine up to ₹10 lakh.
Rights of the Child:
- A child born through surrogacy is deemed the biological child of the intending couple.
- Entitled to all legal and inheritance rights.
Recent Update (2024 Amendment):
- Allows use of one donor gamete (egg or sperm) if medically certified by a District Medical Board.
- At least one gamete must belong to the intending couple.
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