Answer By law4u team
Indian law addresses issues related to surrogacy and reproductive technology primarily through the Assisted Reproductive Technology (Regulation) Act, 2020, and the Surrogacy (Regulation) Act, 2022. These legislations aim to regulate the practices of assisted reproductive technologies (ART) and surrogacy, ensuring ethical practices, safeguarding the rights of all parties involved, and preventing misuse. Assisted Reproductive Technology (Regulation) Act, 2020 The Assisted Reproductive Technology (Regulation) Act, 2020 regulates ART procedures such as in vitro fertilization (IVF) and other assisted reproductive techniques. Key Provisions: Regulation of ART Clinics: ART clinics must be registered with the National ART and Surrogacy Registry. Clinics are required to adhere to standardized practices and protocols to ensure quality and safety. Consent: Informed consent must be obtained from both parties (donors and recipients) involved in ART procedures. Detailed information about the procedures, risks, and success rates must be provided. Surrogacy and Donor Regulations: The Act regulates the use of gametes (sperm and eggs) and embryos, including provisions related to the anonymity of donors and the use of donated gametes. Ethical and Safe Practices: Clinics must adhere to ethical practices, including the prohibition of commercial exploitation and ensuring the safety of all participants. The Act bans the use of ART for sex selection, except for medical reasons. Rights of Children Born through ART: Children born through ART have the same rights as children born through natural conception. The Act ensures their legal recognition and rights. National ART and Surrogacy Registry: The Act establishes a registry to maintain records of ART procedures and surrogacy arrangements. This helps in monitoring and ensuring compliance with regulations. Surrogacy (Regulation) Act, 2022 The Surrogacy (Regulation) Act, 2022 regulates the practice of surrogacy in India, focusing on ethical practices and the protection of surrogate mothers and intended parents. Key Provisions: Definition and Types of Surrogacy: Altruistic Surrogacy: Surrogacy where the surrogate mother is compensated only for medical expenses and other necessary expenditures. This is the only type permitted under the Act. Commercial Surrogacy: The Act bans commercial surrogacy, which involves paying a surrogate beyond medical expenses. Eligibility Criteria: Intended Parents: Must be Indian citizens or Overseas Citizens of India (OCI) residing in India. They must have been married for at least 5 years and should not have any children of their own (biological, adopted, or through surrogacy). Surrogate Mothers: Must be between 25 to 35 years old, have at least one child of their own, and be married. They must also be financially stable and have given informed consent. Legal Framework and Contracts: A legal agreement must be signed between the intended parents and the surrogate mother, outlining rights, obligations, and compensation details. The surrogate mother must be provided with legal and psychological counseling before entering into an agreement. Medical and Ethical Standards: Surrogacy arrangements must adhere to ethical medical practices, and ART clinics must follow specific guidelines. The Act prohibits the use of surrogacy for purposes other than achieving pregnancy, such as for commercial gain or research. Parentage and Legal Rights: The intended parents are legally recognized as the parents of the child born through surrogacy. The surrogate mother has no legal claim to the child once the child is born and handed over to the intended parents. The Act ensures that the surrogate mother’s health and well-being are monitored and protected throughout the surrogacy process. Penalties and Offenses: The Act prescribes penalties for violations, including engaging in commercial surrogacy, and other illegal practices related to surrogacy arrangements. Key Considerations and Impact: Regulatory Framework: Both Acts establish a robust regulatory framework for ART and surrogacy, ensuring ethical practices and safeguarding the rights of all parties involved. The National ART and Surrogacy Registry helps in maintaining transparency and accountability in these practices. Protection of Rights: The legislation focuses on protecting the rights of surrogate mothers, intended parents, and children born through ART and surrogacy. Ensuring informed consent and ethical practices helps in minimizing exploitation and abuse. Impact on Industry: The regulatory framework aims to professionalize the ART and surrogacy industry in India, aligning it with international standards and best practices. The ban on commercial surrogacy addresses concerns about the exploitation of surrogate mothers and the commercialization of reproduction. Legal Challenges: The implementation of these Acts may face challenges related to enforcement, compliance, and addressing legal disputes arising from surrogacy arrangements. Continued monitoring and evaluation are necessary to ensure the effectiveness of the regulatory framework and to address any emerging issues. Conclusion: The Assisted Reproductive Technology (Regulation) Act, 2020, and the Surrogacy (Regulation) Act, 2022, represent significant steps in regulating ART and surrogacy practices in India. They aim to ensure ethical practices, protect the rights of all parties involved, and provide a framework for safe and regulated reproductive technologies. The legislation aligns with international norms and helps in addressing concerns related to the commercialization and ethical aspects of surrogacy and ART.
