Surrogacy: Redefining Parenthood

In the realm of human emotions, few experiences rival the unique joy of becoming parents. However, for some couples, this bliss remains elusive for various reasons. Science has unveiled a solution to this dilemma known as surrogacy.

Let’s delve into the intricacies of surrogacy, exploring its meaning, the process of becoming parents through surrogacy, the legal landscape in different countries, and the remarkable stories of individuals who have embraced this technology to welcome new life into their families.

Understanding Surrogacy: A Conceptual Overview

Surrogacy, also referred to as “gestational surrogacy” or “womb for rent,” entails a process wherein a woman (the surrogate mother) carries a child for another couple. Simply put, it involves gestating a child in a womb other than the biological mother’s.

It’s essential to clarify that surrogacy does not involve the husband having a relationship with another woman. Instead, the surrogate mother conceives through either her own eggs or donor eggs fertilized by the intended father’s sperm. Throughout the pregnancy, the surrogate mother nurtures the child in her womb, earning her the title of “surrogate mother.”

An agreement is typically established between the surrogate mother and the intended parents, legally binding the child born through surrogacy to the intended parents. These parents are recognized as the child’s legal guardians, even though the child may not share a genetic connection with them.

Variants of Surrogacy Arrangements

Surrogacy arrangements can be categorized into two primary types: traditional surrogacy and gestational surrogacy.

In traditional surrogacy, the surrogate mother’s eggs are fertilized with the intended father’s sperm, making her the biological mother of the child. Conversely, gestational surrogacy involves the implantation of embryos created using the intended parents’ genetic material into the surrogate mother’s uterus. Here, the surrogate mother is not biologically related to the child she carries.

Legal Status of Surrogacy: A Global Perspective

The legality of surrogacy varies significantly from one country to another. In India, for instance, surrogacy is legally recognized, albeit with stringent regulations to ensure that only deserving couples avail themselves of this option. Commercial surrogacy is prohibited, with the surrogate mother being compensated only for medical expenses. The Surrogacy Regulation Act permits only infertile couples to opt for surrogacy.

Under this act, widows and divorced women are also eligible for surrogacy, provided they are between 35 and 45 years old. However, unmarried women are not granted the right to become surrogate mothers.

Regulations Governing Surrogate Mothers

Surrogate mothers are subject to specific regulations outlined by the law. In India, surrogate mothers must be married, have at least one child of their own, and be aged between 25 and 35 years. They must also undergo rigorous mental and physical health assessments.

Previously, a surrogate mother could undertake surrogacy up to three times, but recent amendments restrict this to a single instance. Moreover, both the surrogate mother and the intended parents must link their Aadhaar cards, an essential identification document in India, to prevent fraudulent practices.

Rights of Unmarried Women in Surrogacy

Unmarried women are not afforded the right to become surrogate mothers under current legal provisions. A recent case brought before the Supreme Court by a 44-year-old unmarried woman seeking permission to undergo surrogacy was dismissed. The court emphasized that allowing single women to pursue surrogacy would contravene societal norms and established practices.

Surrogacy Bans in Various Countries

In the realm of reproductive technology, surrogacy laws vary significantly across the globe. Some nations have embraced it fully, while others have imposed strict bans or regulations. Let’s explore which countries have placed prohibitions on surrogacy and which have adopted more lenient stances.

Surrogacy Prohibitions:

Bulgaria, France, Germany, Italy, Portugal, Taiwan, and Spain

These countries have imposed complete bans on surrogacy. The practice is deemed illegal, and any involvement in surrogacy arrangements can lead to legal repercussions. In these nations, the idea of surrogacy is met with strong opposition, often due to ethical, moral, or religious considerations.

Countries with Limited Surrogacy Permission:

Canada, Denmark, New Zealand, Brazil, Britain, and Australia

In these countries, surrogacy is permitted only on altruistic grounds. This means that surrogates cannot receive financial compensation beyond reimbursement for medical expenses and other reasonable costs directly related to the surrogacy process. Commercial surrogacy, where surrogates are paid for carrying a child, is strictly prohibited.

The United States

While there’s no federal law governing surrogacy in the United States, it’s regulated at the state level. Some states allow commercial surrogacy arrangements, while others have restrictions or outright prohibitions. This patchwork of laws creates a complex landscape for surrogacy within the country.

Surrogacy Permission with Restrictions:

The United Kingdom, Ireland, Denmark, and Belgium

These countries permit surrogacy but under strict regulations. Surrogacy arrangements must adhere to specific legal frameworks, ensuring the rights and protections of all parties involved. Additionally, surrogate mothers cannot receive any payment beyond reasonable expenses incurred during the process.

Bollywood Celebrities and Surrogacy:

Surrogacy has also made headlines in the glamorous world of Bollywood, where several celebrities have opted for this method to expand their families.

The list of Bollywood stars who have chosen surrogacy is extensive and includes big names like Priyanka Chopra, Preity Zinta, Shilpa Shetty, Sunny Leone, Lisa Ray, Ekta Kapoor, Tusshar Kapoor, and Shreyas Talpade.