India has emerged as the leader when it comes to commercial surrogacy, which became official in the year 2002. Since then, the tourism related to surrogacy has spread and gained immense popularity. However, anyone opting for this procedure should be aware of some legal facts surrounding the same. Though advantages like being low cost and technically advanced are there, some legal hurdles may cause complications-
The guiding for in current times is the Surrogacy Contract between parties and the Assisted Reproductive Technique (ART) Clinics. Though the Legislature has enacted ART BILL, 2008 it is still to become a law. Surrogacy Laws in India are focussed with keeping the country as an International Surrogacy destination.
India also permits International Surrogacy, which includes bilateral issues. So if parents from another country choose to hire an Indian surrogate, laws of both nations come into action. This has been done to prevent exploitation and commercialization of the Human Reproductive system.
228th Report of Law Commission
As per the 228th Report, there is a need for legislation to regulate assisted reproductive technology clinics as well as rights and obligation of parties to a surrogacy. Under this-
All surrogacy arrangements are governed by contracts. This will contain terms pertaining to constant of surrogate mother to bear child, agreement of family, medical procedures of artificial insemination, reimbursement of relevant expenses, etc. but not for commercial purposes.
It also takes care of life insurance cover for surrogate mother.
Either parent should be the donor to share a bond of love with the child. This applies for single parents too. Other than this, parents are advised to adopt rather than opt for surrogacy.
The surrogate child would be considered the legitimate child of the commissioning parent and the birth certificate would have the names of the commissioning parent(s) only.
Right to privacy is ensured for both donors and the surrogate mother today. No form of sex selective surrogacy would be allowed.
All abortions would be under the Medical Termination of Pregnancy Act 1971 only.