In surrogacy, a woman consents to bear a child for another person. Following delivery, the birth mother transfers custody and guardianship to the intended parents. Complex legal and medical requirements must is a must to complete for surrogacy. It’s critical to understand the procedure, seek expert guidance, and establish support networks.
Surrogacy Act in India
A measure to outlaw commercial surrogacy in India was approved by the lower house of Parliament in 2019. As it aligns India with a number of nations across the world, outlawed commercial surrogacy. The enactment of this measure has been praised by some and opposed by others.
Commercial surrogacy market
Indian and international couples looking to establish or expand their families has drawn to India’s commercial surrogacy market, which calls to be worth more than $2 billion. Given the relative poverty of many of the sector’s participants, the industry has condemned as being exploitative.
Although many have criticized this new legislative development intended to address these problems, the surrogacy industry in India has long, seen as an example of a demeaning industry for women, with detractors comparing it to a “rent-a-womb” scheme.
The measure has mostly criticized for going too far, effectively outlawing all forms of surrogacy, and having discriminatory effects on daily life. Since commercial surrogacy became legal in 2002, many have called for the sector to regulate; yet, this law does not appear to be what they had in mind.
Altruistic surrogacy
Altruistic surrogacy is not directly prohibited by the legislation, which is intended to target commercial surrogacy; yet, the requirements needed to carry out altruistic surrogacy lawfully under the new rule are extremely difficult to satisfy. This surrogacy will restricted under this law to heterosexual Indian couples who have been wed for at least five years. And who have been certified by a physician as being unable to conceive naturally.
There are essential requirements that the potential surrogate mother must fulfil. In addition to these limitations on the couples who are qualified to become parents. A close cousin of the family trying to conceive must also consider as an Indian lady who had married previously or presently married to the surrogate.
However, this ban also threatens what some have considered an important opportunity for women to earn much-needed money. Or to achieve some kind of financial independence or stability for themselves and their families. These restrictions may help protect economically disadvantaged women from experiencing exploited. Therefore, this new rule could constitute a paternalistic restriction on a valid and voluntary decision for Indian women.
This regulation may have an effect on surrogate moms, but it may also prevent many others from using surrogacy services in India. That includes same-sex couples, unmarried couples, and infertile couples who lack a relative who would prepared to bear their kid for them.
While worries concerning surrogate mothers’ rights and abuse in India are legitimate and the addressment is necessary.
Georgia as a surrogacy option
As commercial surrogacy is banned in India. The $375 million surrogacy industry in India, dispersed over 3,000 clinics, had impacted by the legislative change. According to Global Markets Insights, this is about a tenth of the $4 billion global market for surrogacy which has projected to increase by almost a third by 2027.
Since surrogacy is no longer a possibility in India, Indian couples have sought safety in Georgia, a former Soviet country located more than 4,000 kilometers away. Due to Georgia’s legality and low cost of commercial surrogacy, this European-Asian country has become the preferred location for Indians.
Georgia’s surrogacy Regulations
The state of Georgia approved egg donation for couples in the 1990s and surrogacy at the same time. Since then, Georgia has seen a rise in the number of surrogacy choices available to prospective parents. Surrogates and egg donors have no parental rights over the surrogate child.
In Georgia, egg and sperm donation, as well as surrogacy, permitted since 1997. A surrogate or donor mother does not have parental rights over the child born, according to the law. The child’s parents will list on the birth certificate as the intended parents.
Even the creation of an embryo happens through egg or sperm donation and is then placed in the uterus of a surrogate mother. The intended parents will still can recognize by law as the child’s legal parents.
- The child’s birth certificate will be issued within a day of the baby’s birth. The intended’s parents will list as parents on the birth certificate. It is not necessary to obtain the surrogate mother’s permission to register. To register the intending parents, the following details will be preferable:
- Surrogacy Contract: The IVF facility issued a certificate attesting to the transfer of the embryo to the surrogate mother.
- A birth record issued by the maternity hospital as proof of the event.
Section 143
It is acceptable to use in vitro fertilization (IVF).
(a) To cure fertility issues and situations where there is a chance of passing genetic illnesses to the wife or husband, utilizing sex cells or donor embryos, provided that the couple’s permission is necessary.
b) If the woman is completely infertile and has no uterus, she can have a woman serve as a surrogate mother to carry the foetus to term. There is a requirement for written approval from the couple.
In the case of a birth, a couple, deemed to be the parents and is responsible for any related authorities. A “surrogate mother” or donor has no legal claim to acknowledged as the child’s biological mother.
Section 144
It is feasible to employ both male and female embryos or sex cells that have frozen to achieve artificial fertilization. According to the couple’s preferences, the length of conservation has decided using the established protocols. We are certain that you are now aware of Georgia’s surrogacy laws.
Georgia gestational surrogacy
When a woman is able to carry an embryo for parents who are unable to bear the child naturally. It can happen due to illness, this is call it as gestational surrogacy. The intended parents created their own embryos with the help of fertility doctors, therefore this child is not biologically related to you.
As was already mentioned, after a long debate over the morality of allowing individuals to pay women to bear their children, India outright prohibited surrogacy. In India cost over Rs. 15 lakh prior to the prohibition.
Georgia’s surrogacy prices range from Rs 23 to 30 lakh, making them more costly than India but far less so than western nations like the US, where the average price is between $120,000 and 150,000.
As India had left with no option except Georgia. As this is the only thing that Indians can prefer now as an affordable one.
Also read: Climate Change Impact on Infertility, Liver, and Kidney
