The Surrogacy (Regulation) Act 2021 and the Assisted Reproductive Technology (Regulation) Act 2021 came into effect in 2022.
Married couples who are infertile, live-in partners, single women, and also foreigners are allowed to avail the service of ART ( Assisted Reproductive Technology) and surrogacy.
This is open to married couples, procedures such as gamete donation, intrauterine insemination, and in-vitro fertilisation or IVF come under ART.
The conditions for gamete donation are specified under the act and its sale is not allowed.
No payment Is allowed for the surrogate mother other than the insurance coverage and medical expenses.
Ban on commercial surrogacy.
All surrogacy clinics must be registered with the government and only then the procedure can be conducted.
Surrogacy boards: National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB have to be set up. They advise the government in laying down the code of conduct of surrogacy clinics and review the implementation of the Act.
:An abortion of the surrogate child needs the written consent of the surrogate mother and the authorization of the appropriate authority.
The authorization must comply with the Medical Termination of Pregnancy Act, 1971.
Practicing commercial surrogacy allows imprisonment for a term of at least 10 years and a fine extending to Rs 10 lakh.