SURROGACY
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Context - Surrogacy law was challenged in Delhi High Court to allow a single man or a married woman to get a child through surrogacy.
Details
- Assisted Reproductive Technology (Regulation) Act, 2021, and Surrogacy (Regulation) Act, 2021 are challenged to allow a single man and a woman to get a child through surrogacy.
Surrogacy
- It is a Practice where one woman carries the Child for another intending to hand over the child after birth.
- Surrogacy (Regulation) Act 2021, Prohibits Commercial Surrogacy and allows Altruistic Surrogacy.
- Altruistic Surrogacy involves no Compensation to the Surrogate mother other than the medical and insurance expenses related to Pregnancy.
- Compensation must take Care of Several things including wages lost during the Pregnancy, Psychological Counseling, and Post-delivery Care.
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Under the Surrogacy (Regulation) Act, 2021
- A woman who is a widow or a divorcee between the age of 35 and 45 years or a couple, defined as a legally married woman and man, can avail of surrogacy if they have a medical condition necessitating this option.
- It also bans commercial surrogacy, which is punishable with a jail term of 10 years and a fine of up to Rs 10 lakh.
- The Act allows only altruistic surrogacy where no money exchanges hands and where a surrogate mother is genetically related to those seeking a child.
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Concern
- Potential for exploiting Poor women.
- Altruistic Surrogacy by Close relatives may have a psychological and emotional impact on Surrogate Child, Parentage and Custody issues, inheritance and property disputes.
https://www.thehindu.com/sci-tech/health/the-debates-around-the-surrogacy-act/article65500108.ece
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