Surrogacy ACT was enacted on January 2022, in India. A lot of regulations were introduced, impacting many aspects of surrogacy. Glimpse of few of the regulations are marked here below.
Important clauses redefining surrogacy are highlighted below.
- Has to be Gestational Surrogacy (surrogate mother is not genetically linked to the child).
- Altruistic Surrogacy (no direct financial benefit to the surrogate mother)
- Registered Surrogacy Clinic.
- Single woman (divorced or widowed), between the age of 35 to 45 years.
- Married Indian man (23 to 50 years) and woman (26 to 55 years).
- Couple of Indian origin.
- Couple have not had any surviving child biologically or adoption.
- Insurance for 36 months, for the Surrogate mother for illness or death.
- Have to have Medical indication necessitating gestation surrogacy.
- No sex selection.
- To obtain certificate of recommendation from the Board.
- To obtain certificate of essentiality from The Appropriate Authority.
- To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
- Parentage Order passed by First class Magistrate.
- Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
- Surrogate mother should be between 25 to 35 years.
- Surrogate mother will act as Surrogate only once in her lifetime.
- Medical and psychological fitness for Surrogate mother.
- and many other clauses.