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“Triple tests” for Altruistic surrogacy

Source: TH

 Context: The High Court of Karnataka has developed “triple tests” to help a couple facing legal hurdles have a child through altruistic surrogacy.

 

What is Surrogacy?

Surrogacy is a process in which a woman carries and gives birth to a child for another person or couple who are unable to have children on their own.

 

“Triple tests” to help a couple facing legal hurdles to have a surrogate child under provisions of the Surrogacy (Regulation) Act, 2021:

  • Genetic test for the husband to ensure the child is not born with any disorder
  • Physical test for a couple to ascertain their capacity to manage the child
  • Economy tests for couples to ensure that they can protect the future of the child.

 

Legal provisions: As per the Surrogacy (Regulation) Act, 2021

Legal ProvisionsDetails
Type of Surrogacy AllowedAltruistic surrogacy (i.e., surrogacy without receiving any payment) is allowed, commercial surrogacy is banned
Eligibility Criteria for Intending CoupleMarried for at least 5 years and have a certificate of infertility issued by a registered medical practitioner
Surrogate Mother Eligibility CriteriaClose relative (‘genetically related’) of the intending couple and between the ages of 25 and 35 years
Prohibition on Availing Surrogacy ServicesSingle individuals, same-sex couples, and foreigners are prohibited from availing of surrogacy services in India
Age Restriction for Intending FathersMen over 55 years of age are not allowed to become fathers through surrogacy