03 May, 2023
India's Surrogacy (Regulation) Act, 2021, which permits altruistic surrogacy while prohibiting commercial surrogacy, has come under scrutiny from the Karnataka High Court. The court has criticized the Act's 'genetically related' clause, stating that it defeats altruism and logic. The court's ruling came in response to a petition filed by a couple who had lost their son in a road accident and turned to surrogacy to start a family. However, the proposed surrogate mother was prohibited from having a child by way of surrogacy under the Act. The couple challenged this provision, leading to the court's decision. The ruling is significant as it highlights the debate over surrogacy laws in India. While altruistic surrogacy is permitted, the 'genetically related' clause is being criticized for inhibiting altruism by requiring a genetic connection between the intended parents and the surrogate mother. India is one of the few countries where surrogacy is legal, but the laws vary from state to state. Commercial surrogacy is prohibited, but altruistic surrogacy is permitted in some states, including Karnataka. The Surrogacy (Regulation) Act, 2021, introduced last year, seeks to regulate surrogacy and curb its misuse. The court's ruling will have a significant impact on surrogacy laws in India, and potential surrogacy parents will be closely watching the outcome of the petition. The ruling is likely to lead to calls for changes to the Act, with some arguing that the 'genetically related' clause is too restrictive and may discourage altruistic surrogacy. For couples considering surrogacy, it is important to understand the laws governing surrogacy in their state. Currently, altruistic surrogacy is permitted in states such as Karnataka, Maharashtra, and Gujarat. Other states, such as Delhi and Uttar Pradesh, have more restrictive laws on surrogacy. Read: Uncovering the Truth About Children Born via Surrogacy and More Considering Surrogacy Abroad? Here are Some Legal and Safe Options As surrogacy laws in India become more restrictive, many intended parents are seeking alternative destinations where surrogacy is legal and accessible. Fortunately, there are several countries that offer favorable laws, established surrogacy industries, and experienced medical professionals. One such country is Mexico, where surrogacy is legal and regulated. Mexico has become a popular destination for surrogacy due to its favorable laws and affordable costs. The country also has experienced medical professionals who offer high-quality care to intended parents and surrogate mothers. Colombia is another option for couples seeking surrogacy abroad. The country has recently legalized surrogacy and has established regulations to ensure the safety and well-being of surrogate mothers and intended parents. The surrogacy process in Colombia is relatively affordable, and the country has a reputation for high-quality medical care. Georgia is also emerging as a popular destination for surrogacy, with a supportive legal framework and affordable costs. The country has a reputation for high-quality medical care and experienced professionals who provide comprehensive support to intended parents and surrogate mothers. While considering surrogacy abroad, it is crucial to research the legal landscape and medical options available in each potential destination. Choosing a reputable surrogacy agency that can provide comprehensive support and guidance throughout the process is also essential. Use the MyMedGlobal platform to find your clinic of choice. You may also like: International Surrogacy Calculator - For Intended Parents