WHAT RECENT CHANGES HAVE BEEN MADE TO THE SURROGACY (REGULATION) RULES IN INDIA?
In February 2024, the Indian government amended the Surrogacy (Regulation) Rules to allow the use of donor gametes for married couples if one partner has a medical condition that necessitates it.
WHO IS ELIGIBLE TO USE SURROGACY SERVICES ACCORDING TO THE SURROGACY (REGULATION) ACT OF 2021?
Only married couples and single women who are widowed or divorced between the ages of 35 to 45 years are allowed to have children through surrogacy.
IS COMMERCIAL SURROGACY ALLOWED IN INDIA?
No, commercial surrogacy is prohibited. Only altruistic surrogacy, where the surrogate mother is not compensated monetarily, is permitted.
CAN ALL INDIVIDUALS REGARDLESS OF MARITAL STATUS ACCESS SURROGACY?
No, current regulations allow only married couples and ever-married single women access to surrogacy, excluding single men, same-sex couples, and non-married couples.
WHAT CRITERIA MUST INTENDING PARENTS MEET TO USE A SURROGATE?
Intending parents must produce a “certificate of essentiality,” confirming medical indications that justify the use of gestational surrogacy, among other criteria.
HOW DO THE SURROGACY RULES ADDRESS THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES (ARTs)?
The Surrogacy (Regulation) Act encourages the use of ARTs like In-Vitro Fertilisation (IVF) for gestational surrogacy and places emphasis on the biological relatedness of the intending parents to the child.
WHAT ARE THE CURRENT LEGAL CHALLENGES REGARDING SURROGACY IN INDIA?
The eligibility criteria centered on marital status are being contested in the Supreme Court, raising questions about access to surrogacy for all individuals.
WHAT STANCE DOES THE LAW TAKE ON BIOLOGICAL RELATEDNESS IN SURROGACY?
The law emphasizes biological relatedness, requiring at least one gamete from the intending parents, which creates a hierarchy in the modes of family-making.
HOW DOES THE LAW VIEW SURROGACY IN COMPARISON TO ADOPTION?
The law views surrogacy and adoption as distinct choices for family-making, emphasizing the right to a biologically related child through surrogacy as opposed to adoption.
WHAT IS THE SIGNIFICANCE OF THE LATEST AMENDMENT TO THE SURROGACY RULES?
The amendment acknowledges the legitimacy of surrogacy as a form of reproduction and adjusts eligibility to consider the medical needs of one partner within a marriage.
For any further details or specific cases, legal counsel should be consulted, as the regulations and their interpretations may vary.
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