• UGI USER
  • Nov 23, 2023
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HIGH COURT RULING ON SURROGACY CONSENT

Why in the News?

  • Contradictory Condition: The High Court of Karnataka declares that making surrogacy using donor gametes a condition in the consent form contradicts the Surrogacy (Regulation) Act, 2021.
Source : Times of India

Legal Observation: 

The court emphasizes that allowing such conditions in the consent form would defy the Surrogacy Act and Rules, stating it would be like letting “the tail wag the dog.”

Surrogacy Laws in India

·  Legislation: India regulates surrogacy through the Surrogacy (Regulation) Act, 2021, which replaced outdated regulations.

·  Eligibility Criteria: The law outlines criteria for intending couples, emphasizing Indian citizenship, heterosexual marriage, and proven infertility.

·  Altruistic Surrogacy: The Act allows altruistic surrogacy, where a woman willingly carries a child for a couple without any monetary compensation beyond medical expenses.

·  Commercial Surrogacy Ban: Commercial surrogacy, involving payment to the surrogate, is prohibited to prevent exploitation and ensure the well-being of surrogates.

·  No Same-Sex Couples: The Act restricts surrogacy to heterosexual couples, excluding single individuals, unmarried couples, and same-sex couples.

·  Age Limit: The law establishes age limits for both intending parents and surrogates, aiming to safeguard the health and interests of all parties involved.

o  Male   :26-55 years

o  Femal : 23 to 50 years.

·  Parental Rights: The Act grants parental rights to the intending couple from the beginning, avoiding legal complications after the child’s birth.

Permission Granted for 12 Couples

  • Judicial Approval: Despite the controversial clause in the consent form, the High Court grants permission to 12 couples to proceed with surrogacy using donor female gametes.
  • Rights of Eligible Couples: The court criticizes the consent form for depriving eligible couples of the right to undergo gestational surrogacy using donor gametes, a practice permitted by the Act and Surrogacy Rules.

The matter is still pending before the Higher Court.