Restricted by surrogacy laws, Indians are going abroad to become parents.

La Excellence IAS Academy

Restricted by surrogacy laws, Indians are going abroad to become parents.

Current Affairs Daily Editorials

La Excellence IAS Academy | April 4, 2024 | Society and Social Justice



Syllabus: GS-II Subject: Society and Social Justice Topic: Welfare schemes, mechanisms, laws and institutions related to Women and children, Issue: Surrogacy.

Context: Indians are turning to commercial surrogacy abroad due to restrictive laws in India.

Gist:

  • The Surrogacy Regulation Act of 2021 only allows altruistic surrogacy under specific conditions.
  • Increasing numbers of privileged Indians are opting for surrogacy in the US, Canada, and Latin American countries.

Surrogacy (Regulation) Act, 2021:

  • Objective: Regulation of surrogacy practices and protection of rights for surrogate mothers and children.

Key provisions:

  • Establishment of Boards: The Act sets up
    • National Assisted Reproductive Technology and Surrogacy Board (NATSRB) and
    • State Assisted Reproductive Technology and Surrogacy Boards (StART Boards)
  • Only altruistic surrogacy is allowed, meaning no commercial transactions can take place.
  • Intended couples must be:
    • A legally married Indian man and woman.
    • The woman should be between 25-50 years old and the man between 26-55 years old.
    • Not have any biological, adopted or previously surrogate children.
  • Alternatively, a single Indian woman between 35-45 years old (widow or divorcee) can also avail surrogacy if medically necessary.

Source: Indian Express

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