Indian Surrogacy Laws Explained. How Did Nayanthara, Vignesh Shivan Violate The Laws?
Surrogacy laws are currently the top most searched things in India. The reason? South Indian actress Nayanthara and husband Vignesh Sivan welcomed twin babies. The duo made an official announcement on their social media profile with an adorable pic of the couple kissing the feet of their kids. While the couple did not issue an official statement about it, there have been speculations that the couple broke surrogacy laws. Since then, the celebrity couple has come under the scanner of the Tamil Nadu State Health Department. The State Health Minister MA Subramanian even stated that an inquiry will be conducted and the concerned authorities will look into the legalities of the surrogacy (provided the couple had kids via surrogacy).
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How Did Nayanthara and Vignesh Shivan Violate The Indian Surrogacy Laws?
Nayanthara and Vignesh tied the knot just 5 months ago in June 2022 after dating for nearly 5 years. Since the couple did not announce their pregnancy and the actress was not spotted flaunting her baby bump, there have been speculations that they had babies via surrogacy. But as per Indian surrogacy laws, only a married couple that has a “medical condition necessitating gestational surrogacy” can opt for it. And since the couple tied the knot just 5 months ago, the legality of their rumoured surrogacy has come under the radar. Moreover, it was only in December 2021 that the Indian parliament passed 2 laws – The Surrogacy (Regulation) Act and The Assisted Reproductive Technology (Regulation) Act. The Surrogacy (Regulation) Act focuses on the process and practice of surrogacy while the Assisted Reproductive Technology (Regulation) Act focuses on regulating and supervising the assisted reproductive technology clinics and banks. More importantly, the Surrogacy (Regulations) Act received the President’s assent on December 29, 2021, making it an act. The act provided a gestation period of 10 months from coming into force to existing surrogate mothers in order to protect their health and well-being.
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All You Need To Know About Indian Surrogacy Laws
As per the Surrogacy (Regulation) Act, there is an eligibility criteria to opt for surrogacy. A married couple who is struggling to conceive due to a medical condition which necessitates gestational surrogacy can opt for it provided they obtain a certificate of recommendation from the concerned District Medical Board. Apart from that, any woman between the age of 35 to 45 years who is a widow or a divorcee can also opt for surrogacy.
For the purpose of this law, ‘medical condition necessitating gestational surrogacy’ refers to a medical condition wherein a woman has no uterus or a missing uterus or an abnormal uterus. It also includes any woman whose uterus has been surgically removed owing to any medical condition. The couple opting for pregnancy is only eligible if the woman is between the age of 25 to 50 years and the man is between 26 to 55 years. These couples can only apply for surrogacy if they do not have any children (biological or adopted or via surrogacy previously). But the law also has an exception which allows couples who have a child that is mentally or physically challenged or has a life-threatening disorder or fatal illness that has no cure.
Also Read: Nayanthara And Vignesh Shivan Violated Surrogacy Law? TN State Health Minister Raises Concerns
Any parents or woman who has, after repeated attempts at IVF or Intracytoplasmic sperm injection, failed to conceive or anyone who has lost multiple pregnancies due or has had unexplained graft rejection owing to the exaggerated immune response is also permitted to turn to surrogacy. Women who suffer from illnesses that make it impossible for them to carry a pregnancy to term or viability or if pregnancy can be life-threatening for women due to their health condition can also opt for surrogacy.
WHO CAN BE A SURROGATE MOTHER?
According to the Indian surrogacy laws, only a married woman between the age of 25 to 35 years on the day of implantation can be a surrogate mother provided she had a child of her own. Further, a woman can only be a surrogate mother once in her lifetime. Only 3 attempts of surrogacy procedure are permitted on a woman throughout her lifetime and she also needs to give written and informed consent for surrogacy. The surrogate mother has to be medically and psychologically fit and has to be genetically related to the intended couple or woman opting for surrogacy.
Considering that commercial surrogacy is not permitted in India, no couple or woman can pay someone to act as a surrogate but they have to purchase general health insurance coverage for the surrogate mother for 36 months to cover her health during and after pregnancy for any postpartum complications. They can bear all medical expenses for the surrogate mother but nothing over and above that. The law also states that the child born via surrogacy is considered to be the biological child of the couple or woman who opts for surrogacy and they are not permitted to abandon the child for any reason.
Also Read: Twitter Is Pissed With Starplus For Negative Portrayal Of Surrogacy, And Rightly So
The act also has some laws that the surrogate mother has to adhere to while giving her certain rights for her protection. As per the Indian surrogacy laws, a surrogate mother can be permitted to terminate the pregnancy during the process provided it is in accordance with the Medical Termination of Pregnancy Act. The surrogate mother is not permitted to have intercourse after the cycle preparation has been initiated and she is not permitted to reveal the identity of the couple that has opted for surrogacy. In case, it is found that a couple or a woman has opted for commercial surrogacy, the couple or the woman can be sentenced to up to 5 years imprisonment and fine of Rs 5 lakhs for the first offence.
