The Accountability of Surrogacy (Regulation) Act, 2021, is a legislative tool created by the Indian government to regulate and put into order surrogacy practices throughout the territory. It hinders the acquisition and commercialisation of surrogacy services while making the surrogate mother and intended parents exclusive beneficiaries of the law.
Main points:
- Altruistic surrogacy is the only one allowed - This means that the surrogate mother doesn’t get paid for her services, except for medical expenses or insurance.
- No Commercial Surrogacy – Thus, no one should be engaged in renting a womb or acting as a surrogate for profit.
- Surrogacy can only be availed of by married Indian Couples where:
- The wife is between 23-50 years old, while the husband is 26-55 years old.
- The couple must be childless and medically proven to be infertile.
- The surrogate must be:
- A married woman having her own child.
- Between 25-35 years of age.
- A close relative of the intending couple.
- A woman can act as a surrogate once in her lifetime.
- The national or state authority must approve every surrogacy procedure.
FAQs – Surrogacy (Regulation) Act, 2021.
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1. What is surrogacy?
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The surrogacy process involves a female carrying and giving birth to the child of the other couple, especially when such a couple cannot do so.
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2. What does this law do?
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The Act provides a framework for the conduct of surrogacy in which only ethical or altruistic surrogacy is allowed, while commercial surrogacy is expressly banned.
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3. Who can opt for surrogacy under this Act?
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Under the Act, only Indian married couples (the man and the woman) can avail themselves of surrogacy provided:
- They have neither biological nor adopted child
- They are medically certified for infertility
- The woman's age should be between 23-50 years and the man's age should be between 26-55 years
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4. Are there any provisions for single parents and same-sex couples to undergo surrogacy?
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No. Presently the Act allows surrogacy only for heterosexual married Indian couples.
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5. What is altruistic surrogacy?
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In altruistic surrogacy, the surrogate mother does not get any payment for being a surrogate, with the exception of reimbursement of any medical expenses incurred during the procedure and coverage by an insurance policy.
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6. Define commercial surrogacy. Why is it prohibited?
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Commercial surrogacy is payment by one person to another for having a child through gestational surrogacy. It is prohibited to protect poor women from exploitation and to prevent abuse of the system.
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7. Who can be a surrogate mother as per this law?
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A surrogate mother can only be:
- An Indian National
- Married
- Aged between 25-35 years
- Having her own child
- Closely related to the couple who want the child
- Giving consent voluntarily and fulfilling medical fitness.
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8. Is a woman permitted to be a surrogate a second time?
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No. A woman may only be a surrogate one time during her lifetime.
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9. Is it allowed to advertise in search of surrogate mothers?
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No. It is prohibited by law to advertise in search of surrogate mothers.
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10. What sort of support is given to the surrogate mother?
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Yes. They receive funds to cover:
- Medical expenses
- Insurance coverage
But no additional payment.
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11. What if there is harassment or coercion of the surrogate mother?
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Harassing or coercing a woman to become a surrogate is a punishable offence. Informed written consent must always be solicited.
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12. Is surrogacy open to foreigners in India?
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No. According to the Act, foreigners, NRIs, PIOs, and OCIs cannot avail surrogacy in India.
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13. Which government authority regulates surrogacy?
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Regulation and approval of surrogacy cases are done by the National Assisted Reproductive Technology and Surrogacy Board and the State Boards.
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14. What are the penalties for the violation of this law?
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Anyone practising illegal surrogacy, advertising or doing any commercial deals shall be liable to imprisonment for ten years and up to 10 lakh rupee fine.
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15. What was the need for this law?
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This is made to prevent misuse and commercialisation of surrogacy, protect the dignity of women, and finally for those couples in genuine need after all possible means of having children have been exhausted.
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