As explained in the sections above, there are two types of surrogacy. However, the 2021 law only allows pregnancy surrogacy. Any woman who provides her gametes as a surrogate mother is prohibited under Article 4 (iii) (b) (III). According to article 8 of the Act, the surrogate child is considered to be the biological child of the intended couple or woman and has the same rights and privileges as a natural child under the legislation in force at that time. The Indian Council for Medical Research issued guidelines in 2002, approved by the Government in 2005, governing assisted reproductive technology procedures.  The Law Commission of India presented the 228th Report on Assisted Reproductive Technology Procedures, which discusses the importance and necessity of surrogacy and the steps to be taken to control surrogacy arrangements. The Legal Commission made the following observations: both intended parents and surrogate mothers are protected by the standards. However, it has made gender-selective surrogacy treatment illegal. Surrogacy visas and other permits for foreigners were cancelled in 2018, according to the Home Ministry`s communication to all Indian missions and FRRO offices. The circular stated that anyone who has been granted surrogacy visas “should be informed of the position immediately.” Canada: As far as Canada is concerned, the CAP (Assisted Human Reproduction Act) has only allowed altruistic surrogacy. In Canada, the surrogate is allowed to reimburse all approved expenses.
However, payment in the form of fees or any other consideration is illegal. Legal and safe surrogacy in Mexico was closed in 2016, but some creative options have emerged from the once busy surrogacy agencies. A new option in Mexico mitigates the risk of “unregulated” surrogacy by promising a court order that upholds the terms of the surrogacy contract even before surrogacy becomes pregnant. The court decision confirms the contract and provides de facto legal support. However, this solution adds additional costs and time to travel to Mexico. The ban on foreign intended parents in 2015 was just the beginning of legislation regulating surrogacy. In December 2018, after nearly two years of debate, an Indian Surrogacy Act was passed, which: Child trafficking: The legal status accorded to surrogacy procedure in India has led to an increase in the child trafficking industry. Under this Act, any couple who takes a baby through commercial surrogacy will be liable to a fine of up to Rs 50,000, as well as 5 years` imprisonment. If the same crime is committed several times, the fine will increase to 1 lakh and the prison sentence to 10 years. Any person, organization or clinic involved in the exploitation of surrogate mothers or children born through surrogacy is liable to a maximum sentence of ten years in prison and a fine of ten lakh rupees.
Surrogates usually prefer this type of surrogacy because there is no emotional connection, that is, she is not the biological mother of the child. As far as India is concerned, the answer is a resounding YES. Commercial surrogacy was authorized in India in 2002. However, only one type is allowed as a legal surrogacy business in India. Surrogacy as an umbrella term is a legal agreement between a woman, also known as a surrogate, and intended parents who wish to have a child. In modern times, this arrangement has become common and acceptable in society. Many people opt for surrogacy when the mother or woman who intends to have a child cannot have one for various medical or personal reasons. Having a baby is likely to be a threat to a mother`s life. Surrogacy is a blessing for parents or people who intend to have a baby but can`t, making it even more important to have proper regulation in this area.
Surrogacy is legal in India in the form of gestational surrogacy. People or people who seek this type of agreement usually do so for a variety of reasons. Some of the main reasons to opt for surrogacy are: Gestational surrogacy is the only form of surrogacy allowed in India. Some countries ban surrogacy altogether, while others allow altruistic surrogacy, but not commercial surrogacy. Here are some of the legal regulations that currently exist in India: Another key aspect is whether monetary remuneration may or may not be included in this type of contract. The term “commercial surrogacy” refers to a situation where a person is paid to be a surrogate. The reason for this is that the surrogacy procedure is mainly regulated by ICMR guidelines. Since there is no legislative support for it.
They must realize that the LGBTQ community is essential to promoting equality in society, to which every Indian citizen is entitled under the fundamental rights of the Indian Constitution.