Surrogacy With New Legalities In India 

Surrogacy is when a surrogate mother carries and delivers a child for another couple or individual. In gestational surrogacy, an embryo fertilised through in vitro fertilisation is inserted into the surrogate mother's uterus, which will carry and deliver the baby. The surrogacy regulatory bill establishes stricter rules for couples considering surrogacy. It forbids commercial surrogacy and allows only ethical altruistic surrogacy to intending infertile Indian married couples aged 23 to 50 years for females and 26 to 55 years for males. The surrogacy regulation bill seeks to regulate the practice of surrogacy in the country to avoid surrogate mother exploitation and to protect the rights of children born through surrogacy.

How Is Surrogacy Regulated?

Surrogates and intended parents must make a formal surrogacy agreement, usually before conception. There are strict regulations and eligibility requirements that must be met before entering into a surrogacy agreement. There are also legal processes to complete following the birth. Each state and territory, except for the Northern Territory, has its own laws that regulate surrogacy Some states don't allow certain people to make surrogacy agreements. The criteria might include age, state of residence, health status, relationship status, sexual orientation, gender of the intended parent(s) and whether the surrogate has had children previously. Some states only allow gestational surrogacy while others also allow traditional surrogacy. In some states, advertising in order to find a surrogate parent or commissioning parent is not allowed. In Australia, surrogacy arrangements can’t be enforced. This means that if the surrogate doesn’t want to give up the baby or the intended parents don’t want to take it, they can’t be forced to.