In February 2024, the Indian government made significant amendments to the Surrogacy (Regulation) Rules. One of the key changes allows the use of donor gametes for married couples if one partner has a medical condition that necessitates it. This shift aims to address the needs of couples facing fertility challenges.
The current regulations specify that only married couples and single women who are either widowed or divorced, aged between 35 to 45 years, are eligible to utilize surrogacy services. This restriction raises important questions about inclusivity in family-building options.
It is crucial to note that commercial surrogacy remains prohibited in India. Only altruistic surrogacy is allowed, which means that surrogate mothers cannot receive monetary compensation for their services. This legal framework aims to protect the rights and welfare of surrogates.
Under the current regulations, access to surrogacy is limited to married couples and ever-married single women. This exclusionary clause means that single men, same-sex couples, and unmarried individuals cannot avail themselves of surrogacy services, prompting discussions about the need for reform.
Intending parents seeking to engage a surrogate must provide a “certificate of essentiality.” This document confirms that there are medical indications justifying the use of gestational surrogacy, thereby ensuring that surrogacy is pursued for legitimate reasons.
The Surrogacy (Regulation) Act encourages the use of Assisted Reproductive Technologies (ARTs), such as In-Vitro Fertilization (IVF), in conjunction with gestational surrogacy. The legislation underscores the importance of biological relatedness, requiring that at least one gamete comes from the intending parents.
Currently, there are ongoing legal challenges regarding surrogacy in India, particularly concerning the eligibility criteria based on marital status. These issues are being contested in the Supreme Court, which may open up opportunities for broader access to surrogacy for all individuals.
The law places a strong emphasis on biological relatedness, mandating that at least one gamete must originate from the intending parents. This requirement creates a hierarchy in family-building methods, differentiating surrogacy from other options like adoption.
Legally, surrogacy and adoption are viewed as distinct pathways to parenthood. Surrogacy emphasizes the right to have a biologically related child, while adoption is seen as a separate choice, focusing on providing a loving home to children in need.
The latest amendments to the Surrogacy Rules signify a recognition of surrogacy as a legitimate means of reproduction. These changes also reflect a nuanced understanding of the medical needs of married couples, allowing for greater flexibility and support in the surrogacy process. For specific cases or further details, it is advisable to consult legal counsel, as the interpretation of these regulations may vary.
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