This article is authored by Kanika Dayma and edited by Mr. Anoop Prakash Awasthi, AOR and Adv. Parthvi Ahuja.
The Surrogacy (Regulation) Act, 2022 constitutes National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards and the appointment of appropriate authorities to regulate the practice and process of surrogacy and for matters connected with it.
This Act explains surrogacy as a practice in which if a couple is incapable of producing a child of their own due to infertility or any disease, they are eligible for surrogacy with certain guidelines. It is permitted only for altruistic purposes or couples suffering from proven infertility or disease.
In order to improve the facilities provided in surrogacy clinics the Ministry of Health and Family Welfare came up with Surrogacy (Regulation) Rules, 2022 on 21st June 2022 under the Ministry of Mansukh Mandaviya, which elaborates the requirement of the number of persons employed and the qualifications that they must possess.
The Act provides the definition of various terms such as abandoned child, surrogacy, implantation, altruistic surrogacy, appropriate authority, Assisted Reproductive Technology Act, Board, clinical establishment etc.
There are a total of seven chapters in the Act. The Chapter II of the Act includes the provision of prohibition and regulation of surrogacy clinics, Chapter III deals with regulation of surrogacy and surrogacy procedures and Chapter III talks about registration of surrogacy clinics.
Certain circumstances for opting for surrogacy are
- When a woman has no uterus or missing uterus or abnormal uterus or the uterus is surgically removed due to any disease.
- Failed to conceive even after multiple In vitro fertilization or Intracytoplasmic sperm injection attempts.
- In case of multiple pregnancy losses, the medical reason is unexplained.
- If pregnancy is impossible due to some illness.
Under the Surrogacy (Regulation) Rules, 2022, the intending woman or couple shall purchase general health insurance coverage in favour of a surrogate mother for a period of thirty-six months from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, (41 of 1999) for an amount which is sufficient enough to cover all expenses for all complications arising out of pregnancy and also covering postpartum delivery complications.
There are some limitations set up in India regarding this Act. The Act is surely a positive development but there are a few aspects on which the laws on Surrogacy stand contradictory. According to Article 21 i.e. right to life is a fundamental right to reproduction that has been embraced under it. The right for women to have children and the right to bring a pregnancy to term are all included in their reproductive rights. Therefore, it is clearly a violation of Articles 21 and 14 to limit surrogacy while denying reproductive options.
 Act, 2021 and Surrogacy (Regulation) Rules, 2022){kind=link}