Some Unknown Facts about Surrogacy in India

Roots of surrogacy are traced long back in the History of India. The world’s second and the India’s first In Vitro Fertilization or IVF baby that was born in India in the year 1978 was Kanupriya alias Durga. Since then this field of the surrogacy or Assisted Reproductive Technology has developed immensely.

It was in the year 2016 that the Surrogacy regulation bill was approved in India. The bill was aimed at prohibiting the exploitation of surrogate mothers and all the children that are born through ART or surrogacy. There are cheap surrogacy clinics in India that have been dealing successfully with this intricate process.

All the intended parents that hope to get blessed with child and looking for the best and low cost surrogacy clinic in Delhi or elsewhere in India should be aware of these 12 important points of the surrogacy regulation bill.

Given here are a number of important facts that people are unaware about.

  • According to the bill passed in 2016, only the Indian couples that have been married for 5 years at the least can go in for surrogacy and at least one of the intended parents should have a fertility related issue.
  • Only the close relatives (not only the blood relations) would be able to offer an altruistic surrogacy for all the eligible couples who want to bear children.
  • New bill passed by the Union Cabinet in India puts a blanket ban on the commercial surrogacy.
  • The new bill also bans live-in couples, unmarried couples and homosexuals from opting for the altruistic surrogacy.
  • In India if any woman wants to be a surrogate mother there should be only an altruistic purpose for that. Under no circumstances that woman would be paid for the surrogacy. But, the payment can be made for the medical expenditures.
  • Surrogacy regulation board would be set-up both at the Central and the State-level.
  • This law will be applicable all through India except in the state of Jammu and Kashmir.
  • All the Assisted Reproductive Technology (ART) clinics are required to be registered.
  • These clinics charge their clients for the services rendered during the entire surrogacy period. But, there is no provision of paying to surrogate mothers.
  • Abandoning the child born through surrogacy, exploitation of surrogate mothers, selling and important of the human embryo all the acts are categorized as violations and hence these all acts are subjected to penalization and a jail term of 10 years at least and a fine to the tune of 10 lakh.
  • Surrogate hospitals in Delhi or rest of the part of India have to maintain the records of up to 25 years.
  • Children born through the process of surrogacy have the same rights as those of biological children have.

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How Does Surrogacy in India Influence The Decision of Couple?

Marriage is an institution where two individuals get tied in a relationship mutually. When the couple plans to take a responsibility of becoming parents, the period seems to be very golden. But, for few of the couples, the moment of truth shocks them. They realize that the alternative to pregnancy is what can retain their happiness. This is simply due to some of the issues due to which the woman cannot conceive or there may be some complications in any of the two individuals. In either of the cases, the only solution is to make the utmost use of surrogacy in India. Basically, with the help of surrogate mother, the couple can cherish the moment of becoming proud parents of the child.

But, there are certain laws associated with surrogacy in the Indian law. It is necessary to abide by these laws while looking for a surrogate mother or signing the surrogacy agreement. This will keep both the surrogate mother and the couple on the safer side and experience the magic of this scientific yet medical process. Nevertheless, one has to follow the laws related to surrogacy in India prior to accepting this medical way conception. One of the major laws of surrogacy in the Indian law states that no form of trafficking is acceptable, wherein, the person is being administered with narcotics or any such stuff. This is a sheer form of injustice and unlawful activity from the point of Law.

Besides, the lady who agrees to become a surrogate mother should not be tortured or injured as a consequence of trafficking. This indeed is unlawful act and prohibited by the Indian law during the process of surrogacy. According to the amended laws for surrogacy in India, if any person is found guilty as a result of practicing trafficking on the pretext of trafficking gets punishment or rigorous imprisonment. The Indian law is very particular about these amendments because even surrogate mothers have a right to freedom and they should not at all be manipulated by anyone. Apart from this, in no way, should anybody administer chemical substance in the body of surrogate mother to attain sexual maturity! This is a punishable office, as directed by the Indian law.

Over the years, surrogacy has become acceptable in different parts of India, but, people need to be informed about its ethical approach. In simple words, there is a list of offences and penalties which are listed in the stream of law with respect to surrogacy in India. One of the major offences includes the illegal migration of a person as a part of surrogacy. This is not permitted in the Indian law and often counts as the activity under human trafficking. Furthermore, it should be remembered surrogacy in Indian society is just a way to assist the couples lead a happy family. In no way, should people misuse this medical boon because the laws related to this condition are very strict.

Lastly, the couple that wants to bear a child through surrogacy should definitely abide by the Indian rules! In this way, even the surrogate mother will neither be uncomfortable nor will the couple have to witness the law offenses or penalties!