Surrogacy in India is highly regulated given the recent amendments in the surrogacy laws of the country. That said, the authorities have literally banned the foreigners from pursuing any kind of surrogacy program within the country. While this is an aspect of the new regulations, the surrogate mother in India has also got some bigger rights in the same context. In the coming post, we will talk regarding all such rights and the associated challenges regarding surrogacy laws in India.
What you should know regarding surrogacy in India?
As of now, surrogacy is only permitted for the Indian married couples according to the surrogacy regulation bill 2019. Moreover, there are certain conditions that these couples needs to fulfill in order to make them eligible for any surrogacy program in the country. On the other side, the surrogate mother has given the power to decide on lots of aspects regarding to the surrogacy process within the country.Â
The rights of surrogate mother in India
Rights and the Legal Framework
There are many rights given to the surrogate mother in India. That said, the Surrogacy (Regulation) Act, which aims to regulate surrogacy services in the nation, is one of the legislative measures the Indian government has taken to formalize surrogacy practices. This Act protects surrogate mothers by outlining their rights and providing guidelines that are approved by the Indian Council of Medical Research (ICMR). Moreover, these guidelines are even applicable to the best IVF clinic in Delhi or any other part of the country.Â
Right to Sufficient compensation
On the other hand, proper compensation for the surrogate mother is also important. That said, the legislation addresses surrogate mothers' compensation as one of its main concerns. It requires surrogate mothers to receive fair compensation for their living expenses during the pregnancy in addition to their medical costs. To avoid exploitation, this remuneration is strictly regulated and even the best surrogacy clinics in India needs to adhere to it.Â
The right to receive psychological and medical care
The importance of proper psychological care and medical support is imminent. In India, surrogate mothers are entitled to full medical care during the course of their pregnancy, delivery, and recovery. In order to protect the health and wellbeing of the surrogate mother and the child, this also includes prenatal and postnatal care. To help them deal with the emotional aspects of surrogacy, surrogate moms also have a right to psychological support.
Privacy RightÂ
Right to privacy is not just limited to surrogacy, but even the general life in the country. Also, surrogate mothers' identity is safeguarded and their privacy is respected by law. Only those directly engaged in the surrogacy arrangement are granted access to the surrogate's private information, which is kept private.Â
The right to legal advice and representation
 Right to legal advice is the right of every Indian citizen. That said, legal counseling regarding surrogacy laws in India is a right that surrogate mothers have before entering into a surrogacy arrangement. This guarantees that they comprehend all of the terms and conditions, rights, and obligations of the surrogacy agreement. In order to protect the surrogate's interests during the agreement's negotiation, legal counsel is also offered.Â
Refusal of SurrogacyÂ
Before the embryo transfer procedure, a surrogate mother has the option to decline to continue with the surrogacy arrangement. This legal protection shields surrogate moms from being pressured to carry on with the pregnancy even if they decide not to.Â
Safety and Health MeasuresÂ
To safeguard surrogate moms, the law requires tight adherence to safety and health regulations. This involves making certain that during their pregnancy, surrogate moms are kept in clean, hygienic housing and have access to wholesome food and clean water.
Insurance coverageÂ
 The intended parents have the right to provide insurance coverage for surrogate mothers. This insurance gives the surrogate mother and her family financial security by guarding against medical issues that may arise during pregnancy and childbirth.
Moral Aspects to Take into AccountÂ
Beyond the rights granted by law, surrogate mothers in India are protected by ethical considerations and this goes applicable even to the best IVF clinic in delhi. Among these are making sure surrogate moms fully understand and consent to the surrogacy process, and that they are not put through repeated pregnancies for the sole purpose of surrogacy. In addition, the law forbids the use of surrogacy arrangements for profit, highlighting the importance of charitable surrogacy in preventing the exploitation of women for profit.Â
Final words
Surrogate mothers deserve all the right things in their favor during every surrogacy program around the world. Moreover, an important step toward moral and responsible surrogacy practices is the rights of surrogate mothers in India. India's legal framework aims to safeguard surrogate mothers from exploitation and promote their well-being by providing them with appropriate compensation, medical care, privacy, and legal support. Nonetheless, ongoing initiatives are required to increase public awareness, uphold these rights, and resolve any new issues that may arise in the surrogacy industry. Focusing on the rights and protections of surrogate mothers will continue to be essential to promoting moral and sympathetic surrogacy practices as surrogacy continues to develop in India.