What is the Surrogacy Act 2021

OVERVIEW

What is the Surrogacy (Regulation) Act 2021?

(सरोगेसी (विनियमन) अधिनियम 2021 क्या है?)

The Surrogacy (Regulation) Act 2021 has also been approved by President Ram Nath Kovind. After the assent of the law by the President, it will be implemented as a law after it is published in the gazette. This law has made a provision to give statutory recognition to surrogacy and make its commercialization illegal.

This new law brought by the central government will curb the misuse of surrogacy on a commercial scale. Through this new law, surrogacy will be allowed only for achieving motherhood. Along with this, no other financial compensation will be given to the surrogate mother except medical expenses and insurance coverage during pregnancy through this law. Earlier, people spent more and more on surrogacy, which surrogacy was adopted for economic or other benefits.

What is surrogacy?

  • So much you already know that surrogacy means carrying another's child in your womb. It is the part of the couple to take complete care of the health and take responsibility for all the expenses during the pregnancy of the surrogate mother on the part of the couple. The womb of a woman is taken on rent.
  • To have a child, it is necessary to have a sexual relationship between husband and wife or, say, between a woman and a man. But it is not required for this. After preparing the other woman for surrogacy, doctors take sperm from the man's sperm and transplant it into the woman's womb through IVF.
  • As per the Surrogacy (Regulation) Act, 2021, a woman who is widowed or divorced between the ages of 35 and 45 or a legally married woman and a couple defined as a man can avail of surrogacy.
  • It also bans commercial surrogacy, which is punishable with imprisonment of up to 10 years and a fine of up to Rs 10 lakh.
  • The law only allows altruistic surrogacy where no money is exchanged, plus the surrogate mother must be genetically related to the seeker.
  • Surrogacy is a new technology to have children. In this technique, because of any physical weakness of the mother or father, they can resort to it if they have problems giving birth to a child. In surrogacy, the womb of a woman is hired.
  • After carrying the womb, the sperm is transplanted into the womb through IVF. A woman with a couple's child in her womb is called a surrogate mother. A special agreement is made between the surrogate woman and the couple. The surrogate mother is given money to care for herself and her medical needs during pregnancy.

Charitable Surrogacy:

The surrogate mother receives no monetary compensation from medical expenses and insurance coverage during pregnancy.

Commercial Surrogacy:

This includes surrogacy or related procedures that provide monetary compensation or reward (cash or kind) to the surrogate mother in addition to basic medical expenses and insurance coverage.

Will there be any change in the status of women after this Act?

  • There is a special agreement between the woman becoming a surrogate mother and the couple. The surrogate mother is given money for taking care of herself and for medical needs during pregnancy, she charges a different amount for surrogacy, but now it will not happen.
  • Earlier, people were willing to spend more and more money on surrogacy, and thus its commercialization continued. But the government aims to provide child happiness to needy couples. Through this, the exploitation of women was stopped.

When the help of a surrogate mother can be taken:

  • When women cannot conceive despite all the efforts and treatment, surrogacy proves to be a good option.
  • Surrogacy can be used when a woman has a miscarriage despite all kinds of treatment.
  • In the case of uterine or pelvic disorders, surrogacy may be an option.
  • A child can be achieved through surrogacy after the failure of embryo implantation treatment.
  • Sometimes, doctors recommend resorting to surrogacy in case of high blood pressure, heart problems, or other severe genetic health problems.

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