Forensic & Legal Medicine: Surrogacy
Assisted Reproductive Technologies (ART)
Surrogacy is an arrangement where a woman (the surrogate mother) agrees to carry a pregnancy for another person or couple (the intended parents), who will become the child’s legal parents after birth.
1. Types of Surrogacy
- Traditional (Partial) Surrogacy: The surrogate uses her own egg and is biologically related to the child.
- Gestational (Full) Surrogacy: The surrogate is implanted with an embryo (via IVF) created from the intended parents’ gametes or donor gametes. She has no genetic link to the child.
2. Medico-Legal Issues
| Focus | Key Legal Concern |
|---|---|
| Legal Parentage | Determining whether the surrogate or intended parents are the legal guardians at birth. |
| Surrogacy Agreements | The enforceability of contracts and the surrogate’s right to change her mind (withdrawal of consent). |
| Commercialization | Regulatory distinctions between altruistic vs. commercial surrogacy (banned in many regions). |
3. NEET PG High-Yield Pearls
- Genetic Identity: In forensic paternity disputes, gestational surrogacy is straightforward as there is no biological link between the surrogate and the child.
- Medical Ethics: Practitioners must prioritize the psychological screening and physical health of the surrogate to minimize risks.
- Statutory Regulation: Always check the current ART legislation in your specific jurisdiction (e.g., The Surrogacy (Regulation) Act in India, which strictly prohibits commercial surrogacy).
- Documentation: Detailed documentation of the transfer of embryos and informed consent is essential to mitigate future litigation.