Below are some of the key points in the Altruistic Surrogacy Act 2021
1. ” Altruistic surrogacy ” means the surrogacy in which no charges , expenses , fees , remuneration or monetary incentive of whatever nature , except the medical expenses and such other prescribed expenses incurred on surrogate mother and the insurance coverage for the surrogate mother , are given to the surrogate mother or her dependents or her representative
2. “Commercial Altruistic surrogacy” means commercialization of Altruistic surrogacy services or procedures or its component services or component procedures including selling or buying of human embryo or trading in the sale or purchase of human embryo or gametes or selling or buying or trading the services of surrogate motherhood by way of giving payment , reward , benefit , fees , remuneration or monetary incentive in cash or kind , to the surrogate mother or her dependents or her representative , except the medical expenses and such other prescribed expenses incurred on the surrogate mother and the insurance coverage for the surrogate mother
3. ” Couple ” means the legally married Indian man and woman above the age of 21 years and 18 years respectively
4. ” Insurance ” means an arrangement by which a company , individual or intending couple undertake to provide a guarantee of compensation for medical expenses , health issues , specified loss , damage , illness or death of surrogate mother and such other prescribed expenses incurred on such surrogate mother during the process of Altruistic surrogacy
5. ” Intending couple ” means a couple who have a medical indication necessitating gestational Altruistic surrogacy and who intend to become parents through Altruistic surrogacy
6. ” Intending woman ” means an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the Altruistic surrogacy
7. ” Altruistic Surrogacy ” means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth .
8. “Altruistic Surrogacy clinic ” means Altruistic surrogacy clinic , centre or laboratory , conducting assisted reproductive technology services , invitro fertilization services , genetic counselling centre, genetic laboratory, Assisted Reproductive Technology Banks conducting Altruistic surrogacy procedure or any clinical establishment, by whatsoever name called, conducting Altruistic surrogacy procedures in any form
9. “Altruistic Surrogacy procedures” means all gynaecological, obstetrical or medical procedures, techniques, tests, practices or services involving handling of human gametes and human embryo in Altruistic surrogacy
10. ” Surrogate mother ” means a willing woman who agrees to bear a child ( who is genetically related to the intending couple or intending woman ) through Altruistic surrogacy from the implantation of embryo in her womb and fulfils the conditions as prescribed under the Act
11. Insurance -an insurance coverage of such amount and in such manner as may be prescribed in favour of the surrogate mother for a period of thirty six months covering postpartum delivery complications from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the Insurance Regulatory and Development Authority Act, 1999
12. No woman , other than an ever married woman having a child of her own and between the age of 25 to 35 years on the day of implantation, shall be a surrogate mother or help in Altruistic surrogacy by donating her egg or oocyte or otherwise
13. A willing woman shall act as a Altruistic surrogate mother and be permitted to undergo Altruistic surrogacy procedures as per the provisions of this Act
14. The intending couple or intending woman shall not abandon the child , born out of a Altruistic surrogacy procedure , whether within India or outside , for any reason whatsoever , including but not restricted to , any genetic defect , birth defect , any other medical condition , the defects developing subsequently, sex of the child or conception of more than one baby and the like.
15. A child born out of Altruistic surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force.
All Altruistic Surrogacy and IVF procedures at Kiran Infertility centre and its branches in India shall be conducted as per the Provisions of the Altruistic Surrogacy Regulation act 2021.