Hindu law, which is primarily based on the Hindu Personal Law, does not have a specific provision that deals with surrogacy. However, the Indian government passed the Surrogacy (Regulation) Bill in 2019, which regulates the practice of surrogacy in India.
The Surrogacy (Regulation) Bill, 2019, allows altruistic surrogacy, which is where a surrogate mother carries a child for another person or couple without receiving any financial compensation beyond medical expenses. Commercial surrogacy, which involves payment to the surrogate mother, is prohibited.
The Bill also lays down guidelines for surrogacy agreements, eligibility criteria for intending parents and surrogate mothers, and the establishment of a National Surrogacy Board to regulate and oversee the practice of surrogacy in the country.
In summary, while Hindu law does not specifically address surrogacy, the Surrogacy (Regulation) Bill, 2019, regulates the practice of surrogacy in India, including the eligibility criteria for intended parents and surrogate mothers, the establishment of a National Surrogacy Board to oversee surrogacy, and the prohibition of commercial surrogacy.
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