GS Paper 2:
Syllabus: Government Policies and issues arising out of their implementation.
Context:
Petitioners in the Delhi High Court questioned why marital status, age, or gender were the criteria for being allowed to commission or not commission surrogacy in India.
What’s the issue?
- Under the provisions of the Surrogacy Act, a petitioner, who is married, was denied a chance at commissioning surrogacy.
- As per the Surrogacy Act, a married couple can opt for surrogacy only on medical grounds.
- The law says the couple should not have a child of their own.
Overview of the Surrogacy Act, 2021:
It came into effect in January this year.
- It allows ‘altruistic surrogacy’ — wherein only the medical expenses and insurance coverage is provided by the couple to the surrogate mother during pregnancy.
- Creates a national board to lay down and implement a code of conduct for people working at IVF clinics.
- It intends to make genetic testing of the embryo mandatory before implantation for the benefit of the child born through ART.
- It also seeks to streamline the cryo-preservation processes for sperm, oocytes and embryos.
- It also proposes to constitute a national registry and registration authority to maintain a central database and assist the national board in its functioning.
Eligibility conditions to make use of the services of a surrogate mother:
- Any couple that has ‘proven infertility’.
- The couple should be Indian citizens who have been married for at least five years.
- The female must be between 23 to 50 years and the male, 26 to 55 years.
- They cannot have any surviving children (biological, adopted or surrogate); However, this would not include a ‘child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness.’
Who can be a surrogate mother?
Only a close relative of the couple can be a surrogate mother, one who is able to provide a medical fitness certificate. She should have been married, with a child of her own, and must be between 25 and 35 years, but can be a surrogate mother only once.
Need for a Surrogacy Act in India:
India has emerged as a hub for infertility treatment. This attracted many underprivileged women to rent their wombs in exchange for money. However, unscrupulous middle men started exploiting such women. This called for a proper regulation.
InstaLinks:
Prelims Link:
- ART Bill.
- Key features.
- Benifits.
- Surrogacy Bill.
Mains Link:
Discuss the concerns associated with the Surrogacy Bill.
Q. 2) Consider the following statements regarding the Surrogacy Act, 2021:
- It allows ‘altruistic surrogacy’ only.
- It proposes to constitute a national registry.
Which of the above statements is/are correct?
- 1 only.
- 2 only.
- Both.
- None.
Sources: the Hindu.
