Recently, actor Nayanthara and director of Tamil films Vignesh Shiven welcomed two newborn boys. This sparked debate because it implied that the couple must have chosen surrogacy.
Credit- Vignesh Shivan’s Twitter handle
In a recent social media post, Tamil director Vignesh Shiven and his actor wife Nayanthara announced that they had become parents. This sparked controversy and speculation that the couple had chosen surrogacy.
Due to this, Tamil Nadu’s Health Minister Ma Subhramanian vowed to investigate the incident and determine whether or not the couple followed the proper procedure when having a surrogate.
Why is this a contentious issue now?
When India became the center of surrogacy, controversy erupted. In India, the cost of therapy is much too low, and because the law was not well regulated, people started abusing it. Traffickers also traded in organs and embryos, and sometimes children were abandoned in addition to the exploitation of women.
Alterations to the surrogacy laws?
The government frequently imposes limitations on certain Surrogacy-related regulations. The Surrogacy (Regulation) Act, 2021 (SRA) and the Assisted Reproductive Technology (ART) (Regulation) Act, 2021 were just introduced by the government in 2021.
Act of 2021 to Regulate Surrogacy
The SRA Act only permits infertile couples. Surrogacy is not an option for couples who already have children, whether biological or adoptive. Additionally, the surrogate should have her own child and be married. Altruistic surrogacy is limited to males and females who are not in the 26–55-year-old and 23–50-year-old age ranges, respectively. A 35–45-year-old woman who is divorced or widowed may choose surrogacy. However, a single male cannot choose surrogacy.
In addition, commercial surrogacy is prohibited in India.
Act Regarding Assisted Reproductive Technology
ART offers all methods for becoming pregnant that involve the fertilization of eggs and sperm outside of the human body. It comprises gamete donation, intrauterine insemination, and in-vitro fertilisation. Live-in partners, single women, and foreigners are also permitted to have this process in addition to married couples.
How is surrogacy done?
Authorities like the National Surrogacy Board and State Surrogacy Board have been established, and both of them set forth acceptable conduct guidelines for the relevant areas of supervision. The authorities should be notified by those who choose surrogacy, and the surrogate clinics should be registered with the authorities as well.
Any type of legal violation is punishable by up to 10 years in prison and a fine of Rs. 10 lakhs.
Law criticisms, please?
This law is imperfect, just like every other law. This law is thought to favor some sections over others. Only infertile people, married couples, and single women who are widowed or divorced are eligible for surrogacy; single men who are either widowed or divorced are not permitted to choose this option. Another flaw in the law is the requirement of an infertility certificate because Indian society is judgmental and stating the certificate could diminish a person’s status and dignity.
Surrogacy can bring joy to many people’s faces if used properly and in accordance with strict regulations, even though commercialization is detrimental to society.
