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Surrogacy is the process by which a woman carries and gives birth to a child for another person or couple. In India, surrogacy is governed by the Surrogacy (Regulation) Act, 2021, which regulates surrogacy and provides for the establishment of regulatory authorities and boards to oversee surrogacy in the country.
The law prohibits commercial surrogacy while permitting altruistic surrogacy subject to prescribed legal conditions. The framework aims to regulate surrogacy and prevent its commercialisation and exploitation.
Eligibility and other requirements for intending couples, intending women, and surrogate mothers are governed by the applicable provisions of the law and rules.
There have been several important judicial decisions concerning surrogacy in India. These cases have addressed issues relating to parentage, citizenship, surrogacy agreements, and the rights of children and intended parents.
The case of Baby Manji Yamada vs. Union of India is one of the notable cases concerning surrogacy in India. The case involved questions relating to the custody, citizenship, and legal status of a child born through surrogacy and highlighted the complexities surrounding surrogacy arrangements and the rights of the child and intended parents.
Jan Balaz vs. Union of India was another significant case involving children born through surrogacy in India. The proceedings raised important questions concerning citizenship, parentage, and the legal consequences of international surrogacy arrangements.
Indian courts have dealt with various issues arising from surrogacy, particularly where international arrangements, citizenship, parentage, and the welfare of the child are involved. The legal position has also evolved through subsequent legislation and regulations governing surrogacy in India.
In general, the Indian legal framework seeks to regulate surrogacy while protecting the interests and welfare of the child, the surrogate mother, and the intending parents, and preventing commercial or exploitative practices.