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Surrogacy is a complex and emotionally charged journey for many hopeful parents. It offers a beacon of hope to couples struggling with infertility or medical conditions that make natural conception impossible. In India, surrogacy has gained prominence over the years as a viable solution, but it’s crucial to understand the legal and ethical dimensions of this practice.
As a lawyer specializing in matrimonial and family laws, I’ve encountered numerous cases involving surrogacy, and I believe that a clear understanding of the legal and ethical aspects is essential for anyone considering this path. In this blog, we’ll explore the nuances of surrogacy in India, addressing what you need to know before embarking on this journey.
Legal Framework in India
Surrogacy in India operates under a legal framework that has evolved over time. The most notable change was the introduction of the Surrogacy (Regulation) Bill, 2019, which aimed to regulate surrogacy and provide much-needed clarity on the rights and responsibilities of all parties involved.
Under the existing legal framework, surrogacy is permissible only for heterosexual Indian couples who have been married for at least five years and have been medically certified as unable to conceive a child. The surrogate mother must be a close relative, and the entire process must be altruistic – commercial surrogacy is prohibited.
Ethical Considerations
While the legal framework provides a foundation for surrogacy in India, ethical considerations are equally important. One must weigh the emotional and psychological aspects involved for all parties, especially the surrogate mother, and ensure that the process is carried out with the utmost compassion and sensitivity.
• Informed Consent: It’s imperative that all parties involved give informed consent willingly. The surrogate mother must fully understand the physical and emotional challenges she may face during pregnancy and childbirth.
• Medical and Psychological Evaluation: Comprehensive medical and psychological evaluations are crucial for both the intended parents and the surrogate mother to ensure they are physically and mentally fit for the journey.
• Financial Fairness: While surrogacy in India is altruistic, intended parents must bear all related medical and living expenses of the surrogate mother. Fair compensation should be provided to ensure the surrogate mother’s welfare.
• Emotional Support: The emotional well-being of all parties, especially the surrogate mother, should be a top priority. Counselling and support throughout the process can alleviate stress and foster a positive surrogacy experience.
Surrogacy in India holds the potential to bring happiness to families who may have otherwise struggled to conceive a child. However, it’s essential to navigate this path with a clear understanding of the legal and ethical aspects involved.
As a lawyer practicing matrimonial and family laws, my goal is to ensure that anyone considering surrogacy in India is well-informed about their rights and responsibilities. This journey should be undertaken with care, compassion, and a strong commitment to ethical practices.
If you have any questions or concerns about surrogacy in India, please reach us at +91 9845944896 or mail@lawyersonia.com for a consultation and we can guide you through the process, protecting the rights and interests of all parties involved. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore appearing for clients at both District Courts and High Court practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
