Adoption and surrogacy are two important methods through which individuals or couples can build or expand their families. In India, both adoption and surrogacy are governed by specific legal frameworks aimed at protecting the rights of children, birth parents, adoptive parents, and surrogate mothers. In this article, we’ll explore the legal framework surrounding adoption and surrogacy in India, including the process, eligibility criteria, rights, and responsibilities of parties involved.
Introduction
Adoption and surrogacy offer avenues for individuals or couples to fulfill their desire for parenthood and expand their families. In India, both adoption and surrogacy are regulated by specific legal frameworks designed to ensure the well-being and protection of all parties involved. In this article, we’ll delve into the legal framework surrounding adoption and surrogacy in India, exploring the process, eligibility criteria, and rights and responsibilities of parties involved.
Adoption: Legal Framework
Adoption in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Guidelines Governing Adoption of Children, 2015, issued by the Central Adoption Resource Authority (CARA). The legal framework outlines the process of adoption, eligibility criteria for adoptive parents, procedures for adoption of children, and safeguards to protect the rights of adopted children, birth parents, and adoptive parents.
Surrogacy: Legal Framework
Surrogacy in India is regulated by the Surrogacy (Regulation) Bill, 2020, which aims to regulate surrogacy arrangements, protect the rights of surrogate mothers and children born through surrogacy, and prevent commercial exploitation of surrogates. The legal framework specifies eligibility criteria for intending parents and surrogate mothers, procedures for surrogacy arrangements, and legal rights and responsibilities of parties involved in surrogacy agreements.
Eligibility Criteria
Eligibility criteria for adoption and surrogacy in India vary depending on the legal framework and guidelines issued by the relevant authorities. Generally, adoptive parents must meet certain age requirements, marital status, financial stability, and undergo a home study assessment to determine their suitability for adoption. Similarly, intending parents in surrogacy arrangements must meet specific criteria related to age, marital status, medical fitness, and willingness to undergo legal procedures.
Rights and Responsibilities
Adoption and surrogacy involve various rights and responsibilities for parties involved, including adoptive parents, birth parents, adopted children, and surrogate mothers. Adoptive parents have the right to provide love, care, and support to adopted children, while birth parents have the right to make informed decisions regarding adoption. Similarly, surrogate mothers have the right to receive adequate medical care and compensation, while intending parents have the responsibility to provide financial support and ensure the well-being of the surrogate mother during and after pregnancy.
Conclusion
The legal framework surrounding adoption and surrogacy in India aims to balance the interests of all parties involved while ensuring the welfare and protection of children and surrogate mothers. By understanding the legal procedures, eligibility criteria, and rights and responsibilities associated with adoption and surrogacy, individuals or couples can make informed decisions and navigate the process of building or expanding their families with care and responsibility.