Same sex couple, live in partners not included on surrogacy laws

Same sex couple, live in partners not included on surrogacy laws

Subject :Polity

Section :Constitution

Concept :

• Centre on Tuesday informed the Supreme Court that live-in partners and same-sex couples cannot be allowed to avail of services under the surrogacy law.
• The Court has decriminalized same-sex relations and live-in relations however neither any special provisions have been introduced with respect to same-sex/live-in couples nor have they been granted any additional rights, Centre informed the Supreme Court.

Surrogacy Act 2021

• The Act sought to regulate the surrogacy part of a rather flourishing infertility industry in the country.
• It is defined as a practice where a woman undertakes to give birth to a child for another couple and agrees to hand over the child to them after birth.
• Altruistic surrogacy:
• The Act allows ‘altruistic surrogacy’ — wherein only the medical expenses and insurance coverage is provided by the couple to the surrogate mother during pregnancy.
• No other monetary consideration will be permitted.
• The intending couple:
  • Any couple that has ‘proven infertility’ is a candidate.
  • The ‘intending couple’ as the Act calls them, will be eligible if they have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
  • The former will be issued if the couple fulfills three conditions:
  • A certificate of infertility of one or both from a district medical board;
  • An order of parentage and custody of the surrogate child passed by a Magistrate’s court;
  • Insurance cover for the surrogate mother.
• Eligibility Certificate:
  • An eligibility certificate mandates that the couple fulfil the following conditions:
  • They should be Indian citizens who have been married for at least five years;
  • the female must be between 23 to 50 years and the male, 26 to 55 years;
  • they cannot have any surviving children (biological, adopted or surrogate);
  • However, this would not include a ‘child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness.’
• Surrogate mother:
  • Only a close relative of the couple can be a surrogate mother, one who is able to provide a medical fitness certificate.
  • She should have been married,
  • with a child of her own, and
  • must be between 25 and 35 years,
  • but can be a surrogate mother only once.
• Regulating Body:
  • The Centre and State governments are expected to constitute a National Surrogacy Board (NSB) and State Surrogacy Boards (SSB) respectively.
  • This body is tasked with enforcing standards for surrogacy clinics, investigating breaches and recommending modifications.
  • Further, surrogacy clinics need to apply for registration within 60 days of the appointment of the appropriate authority.
• Offences:
• Offences under the Act include commercial surrogacy, selling of embryos, exploiting, abandoning a surrogate child etc.
• These may invite up to 10 years of imprisonment and a fine of up to Rs. 10 lakh.