Altruistic Surrogacy in India , Legal and Ethical Perspectives

Introduction

Altruistic surrogacy in India has been a topic of extensive debate, particularly after the enactment of the Surrogacy (Regulation) Act, 2021 . This law strictly regulates surrogacy arrangements and ensures that the process remains ethical and non-commercial. One of the leading organizations providing support in this field is Parenting Partners, a well-known entity guiding intended parents through the legal and procedural aspects of surrogacy.

Mr. Nalin Tripathi , a reputed legal lawyer specializing in surrogacy laws, has played a crucial role in navigating surrogacy cases in compliance with Indian legal standards. This document aims to provide an in-depth understanding of altruistic surrogacy, its legal framework, eligibility criteria, and the role of legal professionals in ensuring a smooth surrogacy journey.

Understanding Altruistic Surrogacy

Altruistic surrogacy refers to a surrogacy arrangement where the surrogate mother does not receive any monetary compensation beyond medical expenses and insurance coverage. This approach ensures that surrogacy is conducted for ethical and humanitarian reasons rather than financial gain.

Key Features of Altruistic Surrogacy in India:

1. No Monetary Compensation: The surrogate mother is not paid beyond essential medical expenses and insurance.

2. Close Relative Requirement: The surrogate must be a close relative of the intended parents, as per Indian law.

3. Legal Restrictions on Commercial Surrogacy: Commercial surrogacy is strictly prohibited under The Surrogacy (Regulation) Act, 2021.

4. Approval from Surrogacy Boards: Surrogacy procedures must be approved by the National and State Surrogacy Boards.

5. Screening and Eligibility: Both the surrogate and intended parents must meet strict eligibility criteria set by the law.

Legal Framework Governing Altruistic Surrogacy

India’s The Surrogacy (Regulation) Act, 2021 lays down stringent rules governing surrogacy practices in the country. The law was enacted to prevent exploitation and to ensure that surrogacy is conducted within an ethical framework.

Eligibility Criteria for Intended Parents:
  • Must be an Indian citizen.
  • Married for at least five years.
  • At least one spouse must be medically certified as infertile.
  • Age requirement: 23-50 years for women and 26-55 years for men.
  • Must not have any surviving biological or adopted child (exceptions for children with life-threatening illnesses).
    • Eligibility Criteria for Surrogate Mothers:
  • Must be a close relative of the intended parents.
  • A married woman with at least one biological child.
  • Age: 25-35 years.
  • Can only act as a surrogate once in a lifetime.
  • Must obtain a medical fitness certificate.
    • Role of Parenting Partners in Surrogacy Support

    Parenting Partners is a trusted organization that provides comprehensive guidance to intended parents in their surrogacy journey. They assist with:

  • Legal Documentation: Ensuring compliance with the Surrogacy Act.
  • Finding Eligible Surrogates: Screening and selecting a legally qualified surrogate.
  • Medical Coordination: Partnering with leading fertility clinics and hospitals.
  • Emotional and Psychological Support: Providing counseling services for both surrogates and intended parents.
    • Legal Assistance by Mr. Nalin Tripathi

    Mr. Nalin Tripathi, a prominent legal lawyer specializing in surrogacy, offers expert legal services to intended parents and surrogates. His role includes:

  • Drafting Legal Agreements: Preparing legally binding surrogacy contracts.
  • Court Representation: Handling surrogacy-related disputes and ensuring legal compliance.
  • Navigating Regulatory Approvals: Assisting in obtaining permissions from the Surrogacy Board.
  • Ensuring Parental Rights: Helping intended parents secure legal parentage post-birth.
    • Ethical and Social Considerations

    While altruistic surrogacy is legal in India, it raises several ethical and social considerations:

  • Emotional Attachment: Surrogates may develop emotional bonds with the child.
  • Exploitation Concerns: The requirement for a close relative as a surrogate may put women under familial pressure.
  • Legal Complexities: Strict legal guidelines make the process lengthy and challenging.
  • Changing Social Norms: Altruistic surrogacy encourages societal acceptance of alternative family-building options.