According to the eligibility language in the Act, which states that only a woman who is a family or close friend of the couple would be able to become a surrogate, the lady’s choice to become a surrogate has been forbidden. Due to the male family member’s underemployment, women, particularly in rural India, are forced to shoulder the majority of the household’s financial obligations. These are the main actors in the process of obtaining compensation for births or surrogacy. Legalizing altruistic surrogacy while prohibiting commercial surrogacy will lead to the exploitation of the surrogate mother, the principal victim, on the black market for these services.
The mention of only “married couples” being eligible for surrogacy marks the fact that same-sex couples cannot have kids by surrogacy which violates the personal rights of the LGBTQ community. The Law whatsapp mobile number list stipulates that an indenting couple must be infertile to acquire a “certificate of eligibility.” Yet, the failure to conceive after five years of unprotected coitus is what is referred to as infertility. The concept excludes several circumstances where a couple is unable to conceive for a variety of different causes. The couple may occasionally be able to conceive a child, but they may experience various difficulties because of their diabetes and hypertension, which might lead to miscarriages.
The surrogate mother must comply with several requirements to receive the eligibility certificate under the terms of the Bill. One of the requirements is that the intending couple’s close relatives must be the surrogate mother. The Act does not, however, define what constitutes a “close person” in such circumstances. the child’s biological parents, according to the bill. The bill further states that to abort the child, both the appropriate authority’s approval and the surrogate mother’s written agreement must be sought.