Altruistic Surrogacy in India: A Comprehensive Overview

Altruistic surrogacy, a practice where a woman carries a child for another couple without financial compensation beyond medical and ancillary expenses, has been a subject of much debate and regulation in India. As of recent legal frameworks, altruistic surrogacy is the only form of surrogacy legally permitted in India.

Legal Framework

The latest Surrogacy Law in India allows altruistic surrogacy for Indian couples and OCI card holders, who do have medical indications for surrogacy. At the end of 2021, the Indian government introduced a new surrogacy law to regulate surrogacy in the country. Known as Surrogacy (Regulation) Act, 2021, it outlines the rules and regulations for surrogacy arrangements in India. Additionally, it aims to protect the interests of surrogates, intended parents, and the child born through surrogacy. This law has criminalized commercial surrogacy and restricted who can become a surrogate or intended parent. It also outlines specific conditions under which altruistic surrogacy can be undertaken, including:

1. Eligibility Criteria: Only Indian couples who have been married for at least five years and are unable to conceive a child naturally are eligible for altruistic surrogacy. Additionally, the couple must not have any surviving biological, adopted, or surrogate children, with exceptions for those with mentally or physically challenged children.
2. Surrogate Requirements: The surrogate must be a close relative of the intending couple, married, and have at least one child of her own. She cannot undergo surrogacy more than once in her lifetime.
3. Ethical and Medical Oversight: Surrogacy arrangements must be approved by a competent authority, and the surrogate mother must undergo psychological and medical evaluations to ensure she is fit for the process.

Ethical Considerations

The ethical implications of altruistic surrogacy are significant. On one hand, it provides an avenue for childless couples to experience parenthood, fulfilling a profound personal and social desire. On the other hand, it raises questions about the potential emotional and physical toll on the surrogate mother. Given that the surrogate is usually a close relative, the process can lead to complex familial dynamics and emotional strains.

Proponents argue that altruistic surrogacy, devoid of commercial interests, promotes a more humane and ethical approach, focusing on mutual consent and familial bonds. Critics, however, caution against potential coercion within families and the emotional burden placed on the surrogate.

Impact on Parties Involved

The implementation of altruistic surrogacy has varied impacts on the involved parties:

1. Intended Parents: For childless couples, altruistic surrogacy offers a hopeful solution. The legal framework ensures that the process is transparent and ethically managed, providing legal protection and emotional support throughout the journey.
2. Surrogate Mothers: Surrogates, who typically share a close bond with the intended parents, often experience a mix of altruistic satisfaction and emotional challenges. The absence of financial compensation, apart from necessary expenses, emphasizes the voluntary nature of the act, but also brings to light the potential for emotional and physical strain.
3. Children Born Through Surrogacy: These children are born into families with a clear understanding of their origins, thanks to the transparent nature of altruistic surrogacy. They grow up knowing the surrogacy was an act of love and selflessness within the family.

Conclusion

Altruistic surrogacy in India represents a balanced approach to addressing infertility while safeguarding ethical standards and preventing exploitation. The legal stipulations ensure that the practice remains within the bounds of compassion and familial support, upholding the dignity and well-being of the surrogate mother. As India continues to navigate the complexities of surrogacy, the focus remains on fostering a system that prioritizes the health, rights, and emotional welfare of all parties involved.

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