Surrogacy means a practice whereby one woman bears and gives birth to a child for a couple with the intention of handing over the child to the intending couple after the birth.
Altruistic surrogacy means surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature are given, except the medical expenses incurred on the surrogate mother and the insurance coverage for the surrogate mom.
Commercial surrogacy means commercialisation of surrogacy services or procedures, including selling or buying of human embryo by way of giving monetary incentive in cash or kind, to the surrogate mother or her dependents or representative, other than the medical expenses incurred and the insurance coverage for the surrogate mother
Regulation of surrogacy clinics
• Only clinics registered under the Act can conduct activities and procedures relating to surrogacy
• No surrogacy clinic, paediatrician, gynaecologist, human embryologist, doctor or any person shall avail of commercial surrogacy in any form
• Surrogacy clinics must maintain records for at least 25 years
When surrogacy will be allowed
• The intending couple has been married for at least five years and are Indian citizens
• When either or both are suffering from proven infertility
• When it is only for altruistic surrogacy
• When it is not for commercial purposes or for commercialisation of surrogacy
• No person other than a close relative of the intending couple shall act as surrogate mother
• No woman shall act as surrogate mother more than once in her lifetime
• Age of the intending couple is between 23 and 50 years in case of the female member and between 26 and 55 years in case of the male member on the day of certification
• The couple has not had any surviving child biologically or through adoption or through surrogacy earlier, except when they have a child who is mentally or physically challenged or suffers from a life-threatening disorder or a fatal illness
• The intending couple shall not abandon the child born out of a surrogacy procedure under any condition
• Surrogacy is not for producing children for sale, prostitution or any other exploitation
Other provisions
• A national surrogacy board and state surrogacy boards will be set up to implement the provisions of the Act
• District authorities will also be involved in performing various related functions
Offences and penalties
• Abandonment of surrogate child, commercial surrogacy, exploitation of surrogate mother, selling of human embryo or import of embryo will attract imprisonment of at least 10 years and a fine of up to Rs 10 lakh
• Violation of any other provision shall be punishable with imprisonment for at least 5 years and a fine of up to Rs 10 lakh
