📍Surrogacy, to put it plainly, is a legal arrangement in which a woman agrees to become pregnant and bear a child for the benefit of another person who will become the kid’s parent. Before delving into the specifics of what makes surrogacy legal or if it is legal in India, it is necessary to have a fundamental understanding of what surrogacy is and the legal procedure that is followed in various nations across the world. Before delving into why surrogacy should be legal or unlawful, a layperson must first grasp the fundamental notion of surrogacy.

✔️Is Commercial Surrogacy Legal in India?

In terms of India, the answer is a resounding YES. Commercial surrogacy was allowed in India in 2002. However,only one type is permitted as a legal surrogacy operation in India.

✔️There are two primary forms of surrogacy used across the world:
📍 Traditional surrogacy,also known as straight surrogacy, is a technique that begins with artificial or natural insemination and continues until the baby is delivered.
Traditional surrogacy has failed to find legal acceptance in India.
📍 On the other side,Gestational Surrogacy, also known as host surrogacy, was first accomplished in 1986.

✔️ The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health and Family Welfare, Dr. Harsh Vardhan in Lok Sabha on July 15, 2019.The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.

📍Regulation of surrogacy: The Bill prohibits commercial surrogacy,but allows altruistic surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.

📍 Eligibility criteria for surrogate mother:To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
➖a close relative of the intending couple;
➖a married woman having a child of her own;
➖25 to 35 years old;
➖a surrogate only once in her lifetime; and
➖possess a certificate of medical and psychological fitness for surrogacy.
📍Further,the surrogate mother cannot provide her own gametes for surrogacy.