Answer By law4u team
The legal provisions for surrogacy in India are primarily governed by the Surrogacy (Regulation) Bill, 2020, which aims to regulate the practice and protect the rights of all parties involved. Here are the key provisions:
Key Provisions:
- Eligibility: The Bill stipulates that only Indian couples who have been married for at least five years can opt for surrogacy. The couple must be unable to conceive naturally due to medical reasons.
- Surrogate Mother: The surrogate must be a married woman aged between 25 and 35, who has already had at least one child. She should provide her informed consent, and her rights and interests must be protected throughout the process.
- Payment: The Bill prohibits commercial surrogacy; therefore, surrogates can only be compensated for medical expenses and insurance. The amount should be fixed in advance and not exceed the medical expenses incurred during the pregnancy.
- Legal Framework: The Bill establishes a National Surrogacy Board to oversee and regulate surrogacy services and ensure compliance with the law. It also provides for the registration of surrogacy clinics.
- Parentage and Custody: The intended parents will be considered the legal parents of the child born through surrogacy, provided they fulfill the eligibility criteria and follow the legal procedures.
- Penalties: The Bill outlines penalties for violations, including imprisonment and fines for anyone involved in illegal surrogacy practices.
- Legal Recognition: The Bill ensures that children born through surrogacy have the same rights as those born naturally, addressing issues of inheritance and nationality.
The Surrogacy (Regulation) Bill has been a subject of much debate and is still pending approval in Parliament. Critics argue that it may restrict access to surrogacy, while supporters believe it protects the rights of all parties involved.
For further information and details, you can visit legal resources or government websites that discuss the Surrogacy (Regulation) Bill and its implications.
