Debunking surrogacy myths in India

INTRODUCTION

In a country as socially and economically diverse as India, surrogacy has remained a complex and often misunderstood topic, sparking both intrigue and debate. Despite being vastly discussed in today’s day and age, there is a clear lack of comprehensive education surrounding the topic of surrogacy in India that has been a bottleneck for its development. 

 

With this blog, we aim to address some of the most common misconceptions and myths regarding surrogacy procedures, explore the legal backdrop of surrogacy, and shed some light on the experience of those who have embraced this alternative path to parenthood. 

 

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DEBUNKING SURROGACY MYTHS IN INDIA

 

Myth: Surrogacy is Illegal in India

Many still believe that surrogacy is an illegal procedure in India, partly because of the taboo associated with the topic. However, the reality is that the Surrogacy (Regulation) Act, 2021, allows a distinct type of surrogacy called altruistic surrogacy, but prohibits commercial surrogacy. 

This means that a surrogacy arrangement where the surrogate mother willingly provides her consent to carry the biological child of the intended couple without receiving any financial compensation beyond reimbursement for expenses related to the pregnancy and birth is allowed and is called altruistic surrogacy. 

 

Myth: Surrogacy is Expensive

The major misconception that the majority of Indian society is still grappling with is the correlation of surrogacy with money. There is also a belief that surrogate mothers often resort to this arrangement in exchange for monetary benefits. However, commercial surrogacy where the surrogate mother avails economic benefits and compensation is NOT legal in India. Hence, only altruistic surrogacy arrangements that don’t involve any financial compensation other than some basic medical and legal expenses are practised and promoted. 

 

Myth: Surrogacy in India is only for NRI/Foreigners

While many disassociate surrogacy from the socio-cultural concepts of family and parenthood dominantly prevalent in India, and simply think it is not non-Indian foreigners, this is far from the reality. In fact, the most recent legal developments have deemed it illegal for surrogacy to be permitted for foreigners. Only OCI card holders can opt for surrogacy in India.

 

Myth: Surrogacy is messy since it is unregulated

People in India heavily believe that surrogacy is a taboo and should be considered only as a last retort to infertility. This myth stems from the belief that surrogacy is entirely unregulated and any disputes arising from it are difficult to resolve. 

 

However, in reality, the Indian government has taken various steps to regulate surrogacy through many legal provisions through the year. You can learn more about the Evolution of Surrogacy in India here.

 

The Surrogacy (Regulation) Act, 2021 provides an elaborate legal set up for the intending couple and surrogate mother by establishing certain conditions and regulations for surrogacy. It also ensures the protection of rights for both the intended couple and the surrogate mother. 

 

The Assisted Reproductive Technologies (ART) Act of 2021 also regulates some crucial matters like egg and sperm donation and pre-implantation genetic testing. Under this Act, a National Registry of Banks and Clinics was set up and it was made compulsory for all ART clinics to register and share complete information regarding all procedures for a centralised database maintained by the registry.

 

Myth: Problem of Consent & Exploitation of Surrogates:

Many have raised questions about the ethicality of surrogacy in India and whether the interests of surrogate mothers are sufficiently protected in the arrangement. In reality, the regulations under The Surrogacy (Regulation) Act, 2021 lay down extensive laws to protect the rights and well-being of surrogates, including provisions for medical expenses, insurance, healthcare, and other essential safeguards.

 

Myth: Surrogacy is only for Infertile Couples 

While surrogacy is often associated to be a wonderful alternative for couples dealing with problems of infertility, it's essential to recognize that there are various reasons individuals or couples may choose surrogacy, including medical conditions, age-related concerns, or other circumstances.

 

According to surrogacy laws in India, any married couple having sustained over 5 years of relationship or a couple having obtained an ‘essential’ certificate of proven infertility from a District Medical Board is eligible for availing altruistic surrogacy. Another condition for the same is that they shouldn’t have any living children not inclusive of children having mental and physical disabilities to be eligible for altruistic surrogacy.

 

Myth: Anyone can Choose to be a Surrogate Mother

While most people haven’t grasped the legal, social and emotional complexity of surrogacy in India yet, it is not right to think that anybody can choose to be a surrogate mother. According to the Surrogacy (Regulation) Act 2021, only a woman between the age of 25 and 35 who is married/has been married before and has a child of her own is eligible to volunteer as a surrogate. She should also have a health certificate deeming her physically and physiologically fit for surrogacy. 

 

Myth: Surrogacy is a Difficult Process 

There is no doubt that the surrogacy journey in India can be complex, involving many legal, emotional, and medical challenges that may arise during the process. However, with the right kind of legal and medical assistance, you can navigate the process of surrogacy in India effortlessly. There are various forums to seek support and information regarding the process like support groups, online forums and counseling services. 

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Moreover, if you want to explore the process of altruistic surrogacy in India, our team of experts at Sunil Khattri & Associates can help you with a step-by-step guide! Contact us here.

 

CONCLUSION 

Surrogacy is a fairly new arrangement in Indian society that still needs more awareness. Demystifying the myths surrounding surrogacy in India is a crucial step towards fostering a more informed and empathetic society. By debunking misconceptions about surrogacy costs, eligibility criteria, and the motivations of surrogate mothers, we pave the way for open and respectful conversations. 

 

For those who find themselves in a similar situation and wish to discover tailor-made solutions, our team of experts at Sunil Khattri & Associates are readily available to provide end-to-end guidance and support. Contact us today!