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