Why in the news?

  • The Supreme Court ruled that the age restrictions under the Surrogacy (Regulation) Act, 2021, cannot be applied retrospectively to couples who had frozen embryos and initiated the surrogacy process before the Act came into force.

Surrogacy (Regulation) Act, 2021

  • Background: Before 2021, India was a global hub for commercial surrogacy, raising concerns over exploitation of poor women, legal disputes, and child trafficking.
  • Aim: The Surrogacy (Regulation) Act, 2021 was enacted to regulate surrogacy practices and prohibit their commercialization.
  • Came into force: 25 January 2022 along with the Assisted Reproductive Technology (Regulation) Act, 2021.
  • Objectives:
    • To prohibit commercial surrogacy and allow only altruistic surrogacy.
    • To protect the rights of surrogate mothers and children.
    • To regulate clinics and ensure ethical medical practices.
  • Permitted Surrogacy:
    • Only altruistic surrogacy is permitted for:
      • Indian married couples, or
      • Widowed/divorced women (specific age criteria).
    • Purpose: Only for infertility or medical reasons certified by a District Medical Board.
  • Eligibility Criteria:
    • For Intending Couple:
      • Indian citizens, married for ≥ 5 years.
      • Age: Husband 26–55 yrs, Wife 25–50 yrs.
      • Must be infertile and have no surviving biological, adopted, or surrogate child.
      • Must use their own gametes (as per 2023 amendment).
    • For Surrogate Mother:
      • Married woman aged 25–35 yrs.
      • Must have one biological child of her own.
      • Can act as surrogate only once.
      • Must undergo medical and psychological screening.
      • Provided insurance coverage for 36 months.
  • Institutional architecture: National/State Surrogacy Boards; Appropriate Authorities for licensing, compliance, and ethics.
  • Penalties: Commercial surrogacy, embryo/gamete sale can attract up to 10 years’ imprisonment and fines up to ₹10 lakh.
  • Issues:
    • Excludes LGBTQIA+ individuals, single men, and foreign nationals → violation of equality.
    • Ban on compensation may drive surrogacy underground.
    • The complex certification process delays access.
    • Lack of uniform implementation across states.

EnBUZZER – 12 OCTOBER 2025