The Supreme Court has clarified that couples who had frozen embryos and initiated the surrogacy process before January 25, 2022 (the date when the Act came into effect) will not be bound by the age restrictions mentioned in the Surrogacy (Regulation) Act, 2021.
Key Features of the Surrogacy (Regulation) Act, 2021
- The Surrogacy Regulation Act, 2021 governs all surrogacy arrangements in India.
- It bans commercial surrogacy, permitting only altruistic surrogacy, i.e., where no monetary payment is involved apart from medical
expenses and insurance. - The primary intent is to protect women from exploitation and ensure ethical practices in surrogacy.
Provisions of the Act:
Registration Requirement:
- Only registered surrogacy clinics can perform or assist in surrogacy procedures.
- Unregistered clinics or medical practitioners are prohibited from engaging in surrogacy activities.
Prohibition of Commercial Surrogacy:
- Any person or medical professional found engaging in commercial surrogacy will face penalties.
- Altruistic surrogacy only — meant to help intending parents, not for profit.
Abortion Regulation:
- Termination of pregnancy during surrogacy requires written consent of the surrogate
- mother and approval from a registered medical practitioner.
Eligibility Criteria for Surrogate Mother:
- Must be a married woman with at least one biological child.
- Age limit: 25–35 years.
- Cannot donate her own gametes.
- Cannot act as a surrogate more than once.
Eligibility for Intended Couple:
- Must be Indian citizens and legally married for at least 5 years.
- Age: Woman – 23–50 years, Man – 26–55 years.
- Should not have any living biological, adopted, or surrogate child.
Legal Status of the Child:
A baby born via surrogacy is considered the biological child of the intending couple, entitled to all legal rights and privileges.
🧭 Significance of the Act
- Ensures ethical and transparent surrogacy practices.
- Protects women’s reproductive rights.
- Prevents commercial exploitation and human trafficking.
- Promotes child welfare and clear parentage laws.