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On July 15, 2019, the Ministry of Health and Family Welfare first tabled the Surrogacy (Regulation) Bill 2019 in the Lok Sabha. The Surrogacy (Regulation) Bill, 2020 has been approved by the Union Cabinet for implementation in 2020. Before passing the Bill, the Cabinet considered all of the recommendations made by the Rajya Sabha Select Committee.
On December 25, 2021, the Rajya Sabha approved the Bill and signed it into law by the President of India. In this article, you will know the history of surrogacy in India, surrogacy laws in India in 2022, and the types of surrogacy in India.
History of Surrogacy in India
According to the Book of Genesis, surrogacy may be traced back to Abraham and Sarah’s surrogacy arrangement with her servant/surrogate, Hagar. Throughout the history of surrogacy in India, stories of women producing children for kings and rulers despite their husbands’ inability to become pregnant have been widespread. Surrogacy regulations have developed in several regions of the United States to encourage ethical practices for all involved. From a legal perspective, look back at the history of surrogacy in India.
It took seven years for India to pass surrogacy laws in India 2022, the Surrogacy Regulation Act, but on December 25, 2021, our esteemed President signed the measure into law, making it official. The Regulation’s goals are admirable, yet there are many unsolved problems.
Types of Surrogacy in India
Traditional and gestational surrogacy are the two types of surrogacy in India. Surrogacy agreements that are both generous and independent might fall into either category, and each has its own set of benefits and drawbacks to consider.
Traditional Surrogacy
The surrogate’s egg is used to generate the child’s embryo she will carry in conventional surrogacy (either through intrauterine insemination or in vitro fertilisation.) The intended parents generate an embryo using their egg and sperm or donated egg and sperm in gestational surrogacy
Traditional surrogacy may be the ideal option for intended parents who can’t locate an egg donor they prefer, don’t want an anonymous donor, or want to save money on their surrogacy
Gestational Surrogacy
A gestational surrogate, often known as a carrier, is a surrogate mother who can carry another woman’s egg with reasonable ease. This is the most popular kind of surrogacy and gives both the intended parents and the surrogate the greatest legal protection. Surrogate moms may pass on DNA to the baby in small amounts (and vice versa) via the placenta, but she is not the child’s genetic mother
Intended parents with leftover embryos from previous IVF procedures may utilise them in a gestational surrogacy arrangement. If conventional surrogacy is prohibited in the surrogate’s state, she and the intended parents will have little choice except to choose gestational surrogacy
Altruistic SurrogacyÂ
Altruistic surrogacy is when a woman agrees to carry a child for someone else without getting paid. Most of the time, the surrogate is paid for her time and effort, and the general costs of the pregnancy are also covered. Most of the time, altruistic surrogates are helping someone they know, like a close friend or family member, and they will likely only get paid for medical costs
Independent Surrogacy
Independent surrogacy may be cheaper if the intended parents want to save money on their surrogacy. If the parents-to-be are working with a surrogate they already know (usually a friend or family member), they may not need the help of a surrogacy agency’s mediators. Since they will already be matched, they may only need a surrogacy lawyer and a fertility clinic to handle the legal and medical parts of the surrogacy
Surrogacy Laws in India 2022
Surrogacy laws in India 2022, On January 25, 2022, the Surrogacy (Regulation) Act 2021 became law. The Act tries to stop surrogacy for money and lets people do it for good reasons. Commercial surrogacy pays the surrogate for her services, and her medical costs are also covered. In an unequal society, the way compensation is set up could make it possible for surrogate mothers and the people who want to use them to be taken advantage of.
The Act says that surrogacy for money is not allowed, but surrogacy for good reasons is. Commercial surrogacy is when surrogacy or related procedures are done for a monetary benefit or reward (in cash or in-kind) more than the basic medical costs and insurance coverage. Altruistic surrogacy doesn’t pay the surrogate mother anything other than the cost of her medical care and insurance during the pregnancy.
Conclusion
India’s new law on surrogacy has been used as a model by other Asian countries that have also banned the practice. This law was passed mainly because the morally wrong exploitation of poor women and their living conditions were inherently exploitative. Hard to say what next with the Indian laws on surrogacy. The history of surrogacy in India is not good so far.
Suppose the recent legislation that was recently enacted is any indicator. In that case, it seems that foreign parents who wish to have a child in India will not be permitted to employ a surrogate shortly. Despite this, unethical and criminal behaviour is still an issue in India, the only country in the world where surrogacy is a wholly uncontrolled industry. In this article, you learned the history of surrogacy in India, surrogacy laws in India in 2022, and the types of surrogacy in India.
