EDEN IAS

THE SURROGACY ACT

UPSC CURRENT AFFAIRS | THE SURROGACY ACT | 07TH JUNE | THE HINDU

SYLLABUS SECTION:  GS II (Governance)

WHY IN THE NEWS?

Recently, a petitioner in the Delhi High Court questioned why marital status, age, or gender.

Where are the criteria for being allowed to commission or not commission the surrogacy act in India.

The Surrogacy (Regulation) Act, 2021

  • The Act sought to regulate the surrogacy part of a rather flourishing infertility industry in the country
  • As per the Surrogacy Act:
  • A married couple can opt for surrogacy only on medical grounds and the couple should
  • not have a child of their own.
  • It also prescribes an age criterion for both the man and the woman. The women are in the age group of 23 to 50 years and the man between 26 to 55 years.
  • The law allows single women to resort to surrogacy.
  • She has to either be a widow or a divorcee between the age of 35 to 45 years.
  • Single men are not eligible.
  • It also bans commercial surrogacy.
  • Which is punishable with a jail term of 10 years and a fine of up to Rs 10 lakhs.
  • The law allows only altruistic surrogacy where no money exchanges hands and where a surrogate mother is genetically related to those seeking a child.
  • Who can be the Surrogate mother?
  • Only a close relative of the couple can be a surrogate mother, one who is able to provide a medical fitness
  • 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

SURROGACY’:

·         It is a practice where a woman undertakes to give birth to a child for another couple and agrees to hand over the child to them after birth.

 

·         Altruistic Surrogacy:

Ø  It allows no monetary compensation to the surrogate mother, only the medical expenses and insurance coverage provided by the couple to the surrogate mother during pregnancy.

·         Commercial surrogacy:

Ø  It includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

·         In India under the Surrogacy Act only altruistic Surrogacy is allowed.

 

 

CONTROVERSIES BEHIND THE ACT
  • It does not allow single women or men, or gay couples to go in for surrogacy.
  • Brokers continue to operate, though with less temerity and more covertly, sometimes with hospital authorities, to pull the wool over the eyes of the appropriate authority and law enforcement officials.

Read more: UPSC CURRENT AFFAIRS

Source: The Hindu

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