SYLLABUS SECTION: GS II (SOCIAL ISSUES)
WHY IN THE NEWS?
Recently, government has issued fresh surrogacy rules, making it mandatory for couples who wish to become parents through surrogacy to buy Centre mandates 3-year health insurance plan for surrogate mothers.
Union health ministry has brought a new notification under Surrogacy (Regulation) Rules 2022:
- The intending couples will need to purchase a general health insurance cover in favour of a surrogate mother,
- For a period of 36 months from an insurance company recognized by the Insurance Regulatory and Development Authority of India.
- It needs to cover the amount which is sufficient to cover all expenses for all complications arising out of pregnancy and also covering postpartum delivery complications.
- The government has also ensured that the number of attempts of any surrogacy procedure on the surrogate mother shall not be more than three times.
- A surrogate mother may be allow for abortion during the process of surrogacy in accordance with the Medical Termination of Pregnancy Act, 1971 in case of any complication as advise by the doctors,
- Every private surrogacy clinic has to file an application for registration with a fee of ₹2 lakh which is non-refundable. However, facilities under government-run institutes are exempt from such fees.
- Woman may opt for surrogacy if she has a missing uterus or abnormal uterus or if the uterus is surgically remove due to any medical conditions such as gynaecological cancer.
SURROGACY (REGULATION) ACT 2021:
- Surrogacy (Regulation) Act 2021 regulates the practice and process of surrogacy in India
- Under it, commercial surrogacy is strictly prohibit and only altruistic surrogacy can be practice.
- It provides for the insurance coverage for the surrogate mother | Centre mandates 3-year health insurance plan.
- Once the child is born, it will be deemed to be the biological child of the couple.
- A couple should procure certificates of eligibility and essentiality in order to have a child via surrogacy.
- Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parent/s).
- Regulation in surrogacy is needed as surrogate mothers face multiple challenges, including exploitation, unhygienic living conditions, and unfair treatment.
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