SURROGACY (Syllabus: GS Paper 2 – Vulnerable section)

Context: The institution of marriage has to be protected and preserved in the country and cannot go on the lines of western countries where children being born outside of marriage is not uncommon, the Supreme Court said ,while expressing its reservation in permitting unmarried women to take the surrogacy route to become mothers.

Surrogacy:

• Meaning: Surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand it over to them after the birth.
• Surrogacy regulation in India:

oThe regulation prohibits commercial surrogacy in India

oIt is permitted only for altruistic purposes or for couples who suffer proven infertility or disease.

oThe couple is deemed ‘eligible’ if they have been married for five years, the wife is aged between 25-50 years and the husband is between 26-55 years.

oThe couple must not have any living child (biological, adopted or surrogate.) A child with mental or physical disabilities, or one suffering from a life-threatening disorder or illness has been exempted from the above criterion.

oThe couple can get an ‘essential’ certificate if suffering from proven infertility of either partner 

oA surrogate mother has to be a close relative of the couple, a married woman with a child of her own, aged between 25-35 years, who has been a surrogate only once in her life.