India Allows Donor Gametes in Surrogacy for Couples UPSC

Description

SURROGACY (REGULATION) RULES 2022

Copyright infringement not intended

Picture Courtesy: https://lexcomply.com/blog/government-notifies-surrogacy-regulation-rules-for-surrogacy-clinics/

Context: The Union Government has amended the Surrogacy (Regulation) Rules, 2022, allowing married couples with medical conditions to utilize donor gametes (eggs or sperm) in the surrogacy process.

Surrogacy

Surrogacy is an arrangement between a couple (the intended parents) and a woman (the surrogate mother) who carries and delivers a baby for them.
The surrogate mother is artificially inseminated with the sperm of the intended father or a sperm donor, or an embryo created through in vitro fertilization (IVF) is implanted in her uterus.
After the baby is born, the surrogate mother relinquishes all parental rights to the child, and the intended parents become the legal parents.

There are two main types of surrogacy

Traditional surrogacy: In traditional surrogacy, the surrogate mother is inseminated with the sperm of the intended father. This means that the surrogate mother is also the biological mother of the baby.
Gestational surrogacy: In gestational surrogacy, an embryo created through IVF using the eggs of the intended mother (or an egg donor) and the sperm of the intended father (or a sperm donor) is implanted in the surrogate mother's uterus. This means that the surrogate mother is not genetically related to the baby.

Key Aspects and Considerations Related to Surrogacy

Legal Framework: Surrogacy laws vary significantly between countries and even within different states or regions. Some jurisdictions permit surrogacy under certain conditions, while others may prohibit it entirely or have strict regulations governing the practice.
Ethical Considerations: Surrogacy raises ethical questions related to reproductive rights, autonomy, exploitation, and the potential for emotional complexities involved in the process for all parties involved, including the surrogate mother, intended parents, and the child.
Medical and Psychological Screening: Surrogates typically undergo thorough medical and psychological evaluations to ensure they are physically and emotionally prepared for the surrogacy journey. Intended parents may also undergo screening processes.
Legal Agreements: Surrogacy arrangements often involve detailed legal contracts outlining the rights, responsibilities, and expectations of all parties involved, including issues related to parental rights, financial compensation, medical care, and potential contingencies.
Financial Considerations: Surrogacy can be expensive, involving costs related to medical procedures, legal fees, compensation for the surrogate, and other expenses. Costs vary widely depending on factors such as the location, type of surrogacy, and medical requirements.
Emotional Support: Surrogacy arrangements may have significant emotional implications for all involved, including the surrogate mother, intended parents, and the child. Emotional support and counseling are often recommended throughout the process to address potential challenges and ensure the well-being of everyone involved.

Surrogacy in India

Surrogacy in India has undergone significant changes in recent years, culminating in the Surrogacy (Regulation) Act, 2021.
The Surrogacy (Regulation) Act, 2021, came into effect, prohibiting commercial surrogacy. It allows altruistic surrogacy, where a woman can voluntarily act as a surrogate for intended parents without any monetary compensation except for medical expenses and insurance.

Surrogacy (Regulation) Act 2021

Aspect	Explanation
Purpose	To regulate the practice and process of surrogacy in India. To ensure ethical practices and prevent exploitation of any party involved. To safeguard the rights of intending parents, surrogate mothers, and born children.
Type of Surrogacy Permitted	Altruistic surrogacy only. This means No monetary compensation beyond medical expenses and insurance coverage is offered to the surrogate mother. The surrogate mother acts out of altruism (selfless concern for the well-being of others).
Who can be a Surrogate Mother?	Age: Between 25 and 45 years old. Marital Status: Married woman. Medical Fitness: Possesses a certificate of medical and psychological fitness for surrogacy. Experience: Must have already given birth to a healthy child of her own. Relationship: Must be a close relative (up to second degree) of the intending couple OR an unrelated woman who has a genuine relationship with the intending couple and meets all other eligibility criteria.
Who can be Intending Parents?	Marital Status: Legally married Indian couple. Age: Male partner: 26-55 years old, Female partner: 25-50 years old. Medical Condition: Any medical condition that prevents pregnancy (current version). Parental Status: No biological, adopted, or surrogate child.
Key Provisions	Registration Requirement: All surrogacy clinics must be registered with the appropriate authorities. Informed Consent: Written informed consent from the surrogate mother is mandatory at every stage of the process. - Prohibited Practices: Commercial surrogacy (paying the surrogate mother beyond medical expenses and insurance). Abandoning the child born through surrogacy. Sex selection of the child. Forced abortion on the surrogate mother. Child's Rights: The rights and well-being of the born child are protected under the Act. Regulation Bodies: National and State Surrogacy Boards are established to oversee and regulate surrogacy practices.
Penalties	Violations of the Act can lead to imprisonment of up to 10 years. A fine of up to Rs. 10 lakhs can be imposed.

Conclusion

Surrogacy remains a complex and evolving field, influenced by medical advancements, legal frameworks, cultural norms, and ethical considerations. Individuals or couples considering surrogacy as a family-building option are encouraged to seek comprehensive information, professional guidance, and support to make informed decisions based on their specific circumstances and values.

Must Read Articles:

SURROGACY: https://www.iasgyan.in/daily-current-affairs/surrogacy-44

PRACTICE QUESTION

Q. Which of the following statements accurately describes the compensation allowed for surrogacy in India?

A) The surrogate mother can receive any amount freely negotiated with the intended parents.

B) The intended parents can cover the surrogate's medical expenses and provide reasonable compensation.

C) The surrogate mother is entitled to a fixed payment mandated by the government.

D) All forms of compensation for surrogacy are strictly prohibited.

Answer: D

Explanation:

Option (D) is correct: The Surrogacy (Regulation) Act, 2021 prohibits all monetary compensation for surrogacy. Only medical expenses and insurance coverage during pregnancy can be covered for the surrogate mother.

Option (A) is incorrect because commercial surrogacy is banned.

Option (B) is incorrect because any form of compensation beyond medical expenses is illegal.

Option (C) is incorrect because there is no fixed payment system.