The Surrogacy Act and the Assisted Reproduction Technology (ART) Act came into force this year. What are the key provisions of these legislations? What are their shortcomings?

The Surrogacy (Regulation) Act 2021 and the Assisted Reproductive Technology (Regulation) Act 2021 hence came into effect in 2022. Surrogacy is a multi-million dollar industry, which provides assisted reproductive technologies such as in vitro fertilization and surrogacy. The act is passed to regulate the industry.

ARTs:

• Assisted reproductive technology helps in getting a biological child to those couples who are unable to achieve pregnancy for various reasons.
• ARTs are expensive procedures and have remained unregulated for decades.
• These technologies may act as a boon for same-sex and transgender couples.
• There are various complex legal, ethical and social dilemmas associated with ARTs.

Key provisions:

• Only those married couples who are infertile, along with certain other categories of women are allowed to avail the service of ART and surrogacy.
• The conditions for gamete donation are specified under the act and its sale is not allowed.
• No payment is allowed for the surrogate mother other than the insurance coverage and medical expenses.
• Ban on commercial surrogacy.

Shortcomings and criticism:

• A petition has been filed in the Supreme Court against the act, accusing it of being discriminatory and violative of reproductive autonomy.
• Denial of access to single parents, same-sex parents and live-in couples.
• Deprives the surrogate mothers of financial assistance.
• Difficulty in obtaining the gamete due to regulatory pressure.
• Increase the risk of black marketing because of stronger regulations.
• Privacy issues due to mandatory Aadhaar number of the gamete donor.

Way forward:

Surrogacy is a complex and sensitive issue which involves various legal, social, ethical aspects. The question of allowing commercial surrogacy is a complex ethical issue in itself. The petition has given an opportunity to courts to study the act in detail and throw light on its shortcomings.