The Bill permits altruistic surrogacy but outlaws commercial surrogacy. On the other side, commercial surrogacy is done for a financial incentive or benefit in addition to the necessary medical bills and insurance coverage throughout the pregnancy. Altruistic surrogacy does not entail financial remuneration to the surrogate mother (in cash or in-kind). On th December , President Ramnath Kovind gave the green light to Surrogacy Regulation Bill, which was passed by the parliament. There are various pitfalls of the bill passed such as: – The Constitution’s Article , which establishes equality before the law and equal protection under the law, has been violated.
According to the eligibility language in the Act, which states that only a woman who is a family or close friend of the couple would be able to become a surrogate, the lady’s choice to become a surrogate has been forbidden. Due to the male family member’s underemployment, women, particularly in rural India, are whatsapp mobile number list forced to shoulder the majority of the household’s financial obligations. These are the main actors in the process of obtaining compensation for births or surrogacy. prohibiting commercial surrogacy will lead to the exploitation of the surrogate mother, the principal victim, on the black market for these services.
The mention of only “married couples” being eligible for surrogacy marks the fact that same-sex couples cannot have kids by surrogacy which violates the personal rights of the LGBTQ community. The Law stipulates that an indenting couple must be infertile to acquire a “certificate of eligibility.” Yet, the failure to conceive after five years of unprotected coitus is what is referred to as infertility. The concept excludes several circumstances where a couple is unable to conceive for a variety of different causes. The couple may occasionally be able to conceive a child, but they may experience various difficulties because of their diabetes and hypertension, which might lead to miscarriages.