Altruistic Surrogacy Frameworks  

1. Concept and Meaning of Altruistic Surrogacy

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Altruistic surrogacy refers to an arrangement where a woman (the surrogate mother) agrees to carry and deliver a child for intended parents without any monetary compensation, except reimbursement of medical expenses, insurance, and reasonable costs.

This contrasts with commercial surrogacy, where the surrogate is financially compensated beyond expenses. Most modern legal systems—including India—have shifted toward permitting only altruistic surrogacy to prevent exploitation.

2. Legal Framework in India

India regulates altruistic surrogacy primarily through:

• Surrogacy (Regulation) Act, 2021
• Assisted Reproductive Technology (Regulation) Act, 2021

Key Features:

1. Only altruistic surrogacy permitted
   Commercial surrogacy is expressly prohibited.
2. Eligibility of Intended Parents
   • Married Indian couple (with certain conditions)
   • Age criteria (woman: 23–50; man: 26–55)
   • Must prove infertility
3. Eligibility of Surrogate Mother
   • Must be a married woman
   • Must have at least one biological child
   • Can act as a surrogate only once in her lifetime
4. No financial gain
   • Only medical expenses, insurance, and pregnancy-related costs allowed
5. Regulatory Bodies
   • National and State Surrogacy Boards
   • Registration of clinics is mandatory
6. Legal Safeguards
   • Mandatory consent
   • Insurance coverage for surrogate
   • Child deemed biological child of intended parents

3. Ethical and Policy Foundations

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The altruistic model is grounded in:

• Prevention of exploitation of economically vulnerable women
• Protection of surrogate dignity and autonomy
• Child welfare principle (best interests of the child)
• Avoidance of commercialization of reproduction

However, critics argue:

• It may reduce availability of surrogates
• It may encourage underground markets
• It restricts reproductive autonomy

4. Judicial Approach in India

Indian courts have played a significant role in shaping surrogacy law:

(1) Baby Manji Yamada v. Union of India (2008)

• Recognized legality of surrogacy in India (before statutory regulation)
• Addressed issues of citizenship and parentage
• Highlighted need for legal clarity

(2) Jan Balaz v. Union of India (2009)

• Gujarat High Court dealt with citizenship of surrogate child
• Recognized intended parents’ rights in cross-border surrogacy

(3) Suchita Srivastava v. Chandigarh Administration (2009)

• Recognized reproductive autonomy as a fundamental right
• Influences surrogacy decisions as part of bodily autonomy

(4) Devika Biswas v. Union of India (2016)

• Emphasized informed consent and reproductive rights
• Relevant for protecting surrogate mothers from coercion

(5) K.S. Puttaswamy v. Union of India (2017)

• Established right to privacy as a fundamental right
• Includes reproductive choices and family formation

(6) ABC v. State (NCT of Delhi) (2015)

• Recognized rights of single parents
• Influences debates on expanding surrogacy access beyond married couples

5. Comparative Global Perspective

6. Key Legal Issues in Altruistic Surrogacy

1. Consent and Autonomy
   • Ensuring surrogate’s free and informed consent
2. Parentage and Custody
   • Legal recognition of intended parents
3. Exploitation Risks
   • Hidden coercion within families
4. Medical Liability
   • Responsibility in case of complications
5. Citizenship and Nationality
   • Especially in cross-border cases
6. Contractual Enforcement
   • Validity of surrogacy agreements

7. Advantages of Altruistic Surrogacy

• Prevents commercialization of childbirth
• Promotes ethical family-building
• Protects vulnerable women
• Encourages regulated medical practices

8. Criticisms and Challenges

• Restrictive eligibility criteria
• Exclusion of LGBTQ+ and single individuals (partially evolving)
• Potential for illegal surrogacy markets
• Emotional and psychological complexities

9. Conclusion

Altruistic surrogacy frameworks aim to strike a balance between reproductive rights and ethical safeguards. The Indian model reflects a protective, welfare-oriented approach, reinforced by judicial recognition of autonomy, dignity, and privacy.

However, evolving social realities and constitutional values suggest that future reforms may need to expand access while maintaining safeguards against exploitation.