The Supreme Court of India has agreed to examine the legal aspects of surrogacy, including the age restrictions for surrogate mothers, in a hearing scheduled for February 11. The bench, consisting of Justice BV Nagarathna and Justice Satish Chandra Sharma, will review about 15 petitions that challenge various provisions of the Surrogacy Regulation Act and the Assisted Reproductive Technology (Regulation) Act, 2021. The Court has instructed the Centre to submit written responses on the matters raised.
Dr. Rita Bakshi, a senior gynaecologist and IVF expert at RISAA IVF, shared her views on the issue, stressing the importance of addressing the ethical and legal challenges associated with surrogacy. She noted, “Surrogacy offers a lifeline to many infertile couples, enabling them to build a family. However, it is essential that surrogacy laws protect surrogate mothers from exploitation while ensuring they are fairly compensated. India is at a critical point in refining its surrogacy laws, and a collaborative approach between medical professionals, legal experts, and policymakers is key to creating a system that safeguards the rights and well-being of all involved.”
Under the Surrogacy (Regulation) Act, 2021, surrogacy is permitted for women aged 35-45 years who are either widows, divorcees, or legally married couples with medical conditions that necessitate surrogacy. Surrogate mothers must be aged between 25-35 years, have at least one biological child, and are limited to acting as a surrogate only once during their lifetime.
Dr. Saarthak Bakshi, CEO of RISAA IVF, elaborated on the law’s intent, stating, “The Surrogacy (Regulation) Act, 2021, prioritizes the welfare of the child born through surrogacy. The law requires the surrogate mother to give informed consent regarding the transfer of legal parenthood. Although the law restricts the surrogate mother’s rights—such as her ability to claim parentage—the child is legally recognized as the biological child of the intended parents, with full legal rights, including inheritance.”
As the debate over surrogacy regulations intensifies, RISAA IVF advocates for a balanced approach that takes into account the medical, ethical, and legal complexities of assisted reproductive technologies, ensuring that all parties involved—surrogate mothers, intended parents, and children—are treated with dignity and fairness.
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