Nayanthara-Vignesh`s twin boys: Amid controversy, check out India`s surrogacy law

Commercial surrogacy is banned in India. After Indian superstar Nayanthara and her husband Vignesh announced that they have become parents to twin boys, controversy erupted as reports claimed that they became parents via surrogacy and questions were raised if the law was complied with.

Southern superstar Nayanthara and her director husband Vignesh Sivan on Sunday announced that they had become parents to twin babies. Soon after, speculations that the couple opted for surrogacy began to gain ground, and a row emerged. Even though the couple did not make any official statement, there were reports that the babies were conceived through surrogacy. Several questions were raised as to whether the surrogacy laws applicable in the country were followed by Nayanthara and Vignesh. It may be noted that the couple got married four months ago.

Nayanthara-Vignesh's twins: Surrogacy speculation

Tamil Nadu Health Minister Ma Subramanian has said that an inquiry will be conducted. During a press conference, Subramanian said that surrogacy law is itself subjected to a lot of debates. He said that those who are above 21 years of age but under 36 are eligible for surrogacy with the consent of their families. The Health Minister said that an inquiry will be conducted and he would instruct the Director of Medical Services to conduct an inquiry. Subramanian told IANS, "An inquiry will be conducted and I will be directing the Medical Services Directorate to conduct an inquiry into the same."

Commercial surrogacy: India's law

In India, commercial surrogacy is banned and the criteria are that the surrogate should be at least married once and should have her own child. According to the latest surrogacy regulation bill, with effect from January 25, 2022, the idea is the prohibition of commercial surrogacy.

Only altruistic surrogacy would be allowed wherein except for the medical expenses and the insurance cover of the surrogate, no other charges or expenses would be covered by the couple who engages the surrogate, reported IANS.

Advocate Satya Muley, practising at the Bombay High Court and Supreme Court of India, and an expert in constitutional law, says, "The debate around surrogacy has always been chaotic and rightfully so. The Parliament in December 2021 introduced the Surrogacy Regulation Bill. The rationale behind passing the bill was clear – protecting surrogates from exploitation. The Bill prohibits commercial surrogacy while allowing surrogacy wherein no money is involved except for the medical expenses borne by the couple."

Talking about the evils of commercial surrogacy, Muley adds, "Commercial surrogacy is a slippery slope. We cannot even begin to imagine the plight of the women who due to lack of power, and money and by the virtue of belonging to a low-income section of society are hired as surrogates and then underpaid. Not just that, there can be instances wherein the couple might just decide to not take the baby once it is born, the downside of commercial surrogacy is immense. Hence, it was banned. Even if it is allowed in the future, it would have to be strictly regulated."

It is important to note that Nayanthara and Vignesh are yet to respond to the controversy.