Surrogacy Law In India: South film industry’s hot couple actress Nayantara and filmmaker Vignesh Sivan married on June 9 this year and just four months later, on October 9, they became parents through surrogacy. As soon as Vignesh shared this news on his social media handle that ‘Nayan and I have become Amma-appa’, there was an influx of those congratulating him and there was a competition among the fans to wish him well. But together there was another ruckus on social media that after such a short time of marriage, Nayantara and Vignesh, who became parents through surrogacy, have violated the surrogacy law?
In the years 2019 and 2022, many reforms and changes were made in the surrogacy law. It was also decided who can do surrogacy and who can do surrogacy. For the woman who became a surrogate mother, along with some rules, many facilities were also given. All these changes were made by the government in view of the growing surrogacy business in India. Because in this case the image of India was being created as a cheap surrogacy market, which was in dire need of some legal reforms. Now the court will decide whether Nayantara and Vignesh have violated the surrogacy law. But you should know the important laws related to surrogacy here. So that you can know who can become parents by taking surrogacy.
What are the rules and regulations of surrogacy in India?
- To regulate the growing business of surrogacy, the government presented the Surrogacy Regulation Bill in the Lok Sabha in the year 2019, which was passed in the year 2021 and after getting the President’s assent in January 2022, this bill has now become a law.
- According to this surrogacy law, commercial surrogacy has been banned in India. Now no woman can become a surrogate mother for the purpose of earning money, this work can be done only selflessly. However, the couple wishing to become a parent through surrogacy will have to take full care of the health of the surrogate mother, bear her medical expenses and also get an insurance cover.
What are the rules for becoming a surrogate mother in India?
- If a woman wants to become a surrogate mother, then the first condition for this is that the age of the woman should be between 21 to 35 years.
- The same woman can become a surrogate mother, who must have at least one child of her own. Unmarried women cannot do surrogacy.
- The woman who becomes the surrogate mother for the couple should be their family, relative or family friend.
- If there is a congenital problem in the child born through surrogacy, then the couple cannot refuse to adopt this child. The child born through surrogacy has all the rights like other normal born children.
What are the rules for becoming a parent through surrogacy?
Not everyone can become a parent by availing the facility of surrogacy in India. Rather, there are some conditions for this which are completely clear. like…
- Only those couples have the right to become parents through surrogacy, who are unable to give birth to a child or who have any problems related to fertility.
- Couples living in live-in cannot become parents through surrogacy. Rather, it is necessary for them to be married.
- In a couple to become parents through surrogacy, the age of the man should be between 23 to 50 years and the age of the woman should be between 26 to 55 years.
- Those who are divorced but want a child for themselves, such men and women can also become parents through surrogacy. But their age should be between 35 to 45 years.
What old rules have been removed from the surrogacy law?
With many reforms and changes, the changes that have taken place in the Surrogacy Bill, which became law in the year 2022, are some of the important things you should know. So that there is no confusion. like…
- When the Surrogacy Bill was presented in the Parliament in the year 2019, at that time it was said that only those couples who have been married for at least 5 years have the right to become parents through surrogacy. However it is not so now. Now it is enough for the couple to be married only.
- Now any woman can become a surrogate mother only once in her life. Whereas earlier there was an option to do this three times.
What is the punishment for violating the surrogacy law?
- Violation of surrogacy law can be punished with imprisonment of up to 5 years, heavy fine or both.
Why is it being said that Nayanthara and Vignesh have violated the surrogacy law?
- Actually, it is clear in the surrogacy law that only those couples who are married can become parents through surrogacy. When Nayantara and Vignesh also became parents, they were also married. But they became parents only in 4 months of marriage. In such a situation, the question is arising, that is, he had done surrogacy before his marriage? If this is proved, then it can come under the purview of violation of law.
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