Dignity for Mothers, Hope for Families: The Surrogacy Revolution.
India recently introduced two important laws: the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. These laws aim to regulate reproductive health technologies and surrogacy practices to ensure they are safe, ethical, and well-monitored. Here’s a simple breakdown of what these laws mean and how they affect people.
Assisted Reproductive Technology (ART) Act, 2021
What is ART? ART includes medical procedures used to address infertility. This can involve handling sperm and eggs outside the body and then placing them into a woman’s reproductive system.
Key Features of the ART Act:
- Safe and Ethical Practices: The law ensures that ART clinics and banks operate safely and ethically.
- Mandatory Genetic Testing: Before implantation, embryos must be tested for genetic diseases to prevent hereditary conditions.
- National and State Boards: The law creates boards to oversee ART clinics and enforce rules and ethical standards.
- Central Database: A national registry will keep track of all ART clinics and banks, ensuring transparency and accountability.
- Punishments for Misuse: The law includes strict penalties for illegal activities such as sex selection or selling embryos.
Surrogacy (Regulation) Act, 2021
What is Surrogacy? Surrogacy is an arrangement where a woman agrees to carry and give birth to a child for another couple or individual.
Key Features of the Surrogacy Act:
- Altruistic Surrogacy Only: This means surrogates cannot be paid for carrying a baby; they can only be compensated for medical expenses and insurance.
- Ban on Commercial Surrogacy: Paying a woman to be a surrogate is illegal, aimed at preventing exploitation and trafficking.
- Regulated Clinics: Only registered clinics can perform surrogacy procedures to ensure they follow the law.
- National and State Boards: Similar to the ART Act, these boards will oversee surrogacy practices.
- Legal Protections: The law includes penalties for those who break the rules, such as engaging in commercial surrogacy or sex selection.
Practical Challenges and Criticisms
While these laws aim to protect everyone involved in ART and surrogacy, there are some concerns:
- Finding Altruistic Surrogates: It may be hard to find women willing to be surrogates without financial compensation.
- Limited Access: The laws restrict surrogacy to legally married Indian couples, excluding live-in partners, same-sex couples, and single men.
- Age Restrictions: The Surrogacy Act only allows women aged 35-45 to use a surrogate, which some see as too restrictive.
- Corruption and Bribery: Enforcing these laws could be challenging in a country where corruption is a concern.
Positive Aspects
Despite the challenges, these laws have several benefits:
- Protecting Women and Children: By banning commercial surrogacy, the laws aim to prevent the exploitation of poor women and ensure the well-being of surrogate children.
- Legal Clarity: The laws provide clear guidelines and protections, which were previously lacking.
- Encouraging Ethical Practices: By promoting altruistic surrogacy and regulating clinics, the laws encourage ethical behavior and transparency.
Conclusion
The Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021 represent significant steps towards regulating reproductive health practices in India. While they address many ethical concerns and aim to protect vulnerable individuals, ongoing monitoring and adjustments will be essential to address practical challenges and ensure the laws achieve their intended goals.