Is Surrogacy Legal in India? Your Guide to Surrogacy Laws in India
Yes, surrogacy in India is legal for Indian married couples and OCI-holder couples under certain conditions as per the Surrogacy (Regulation) Act of 2021. However, each case needs to fulfill the eligibility criteria to be accepted and needs approval from the surrogacy board.
Welcome to IVF Conceptions, your trusted partner in the world of surrogacy services. In recent years, the topic of surrogacy has garnered significant attention, particularly in the context of its legality in India.
As a prospective parent or someone interested in the field of assisted reproductive technology, understanding the legal aspects of India is crucial. In this comprehensive guide, we will delve into the intricacies of surrogacy laws, regulations, and the current state of surrogacy in India.
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Gestational Surrogacy: A Substitute for Parenthood
Surrogacy, derived from the Latin term “Surrogates,” signifies a substitute or a person appointed to act in the place of another. In assisted reproduction terminology, surrogacy involves a woman carrying and delivering a child on behalf of another person or couple who cannot conceive through conventional means.
It is a noble process where a woman selflessly carries a child with the intention of entrusting the newborn to the intended parents after birth.
There are two primary types of surrogacy:
- Traditional Surrogacy: In this form of surrogacy, the surrogate mother provides both the egg and carries the child. Consequently, the child is genetically related to the surrogate mother and either the intended father or an anonymous donor.
- Gestational Surrogacy: In gestational surrogacy, the child is genetically related to the intended parents, typically through the egg and sperm provided by the couple. The surrogate mother carries and nurtures the child but is not genetically related to the baby.
Understanding Surrogacy Regulations
Surrogacy in India represents the meeting of science, society, and individuals seeking to fulfill their dreams of parenthood. It is a mutually beneficial arrangement where infertile couples and surrogate mothers both find solace, whether in the form of a child or financial compensation.
In India, surrogacy is governed by a set of regulations that aim to ensure a fair and ethical practice. The latest laws are well documented in the “The Surrogacy (Regulation) Act 2021”.
THE SURROGACY (REGULATION) ACT, 2021
- Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
- Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
- Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must.
- Married Indian female (25 to 50 years) and male (26 to 55 years).
- Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
- Couple have not had any healthy surviving child biologically or by adoption.
- Have to have Medical indication necessitating gestation surrogacy.
- To obtain a certificate of essentiality from The Appropriate Authority.
- To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
- Parentage Order passed by First class Magistrate.
- Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
- Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.
What types of surrogacy are allowed in India?
What types of surrogacy are allowed in India?India allows surrogacy as a legal practice, but it’s important to note that not all forms of surrogacy are permitted.
The Surrogacy (Regulation) Act of 2021 strictly prohibits commercial surrogacy in India. Instead, altruistic surrogacy is the only recognized form of surrogacy.
Altruistic surrogacy involves intending parents who do not provide monetary compensation to the surrogate mother beyond covering her medical expenses and insurance during pregnancy.
Forms of Surrogacy in India
- Altruistic Surrogacy: This form is legally allowed in India and entails intending parents who do not financially compensate the surrogate mother. Surrogates in India can only participate in altruistic surrogacy and cannot take payment for carrying a baby.
- Traditional Surrogacy: Also known as straight surrogacy, this method involves insemination until the intended couple receives their child. It is illegal in India.
- Gestational Surrogacy: Involves generating embryos through IVF before transferring them to the gestational carrier’s womb. This is the most commonly used surrogacy process worldwide.
- Independent Surrogacy: A riskier option where a woman offers surrogacy services independently without the assistance of a surrogacy service provider.
- Commercial Surrogacy: In this case, the surrogate mother provides her services solely for monetary gain, making it illegal in India.
To summarize, commercial surrogacy, where monetary compensation is the primary motive, is not legally permissible in India.
However, altruistic surrogacy is allowed under certain conditions, emphasizing the importance of ethical surrogacy practices.
Additional guides:
Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed?
Surrogacy In India-Everything Parents Need to Know
Legal Issues Related To Surrogacy In India
How Much Does Surrogacy Cost In India ( in 2024)?
How to Find Surrogate Mothers in India
Becoming a Surrogate Mother in India
Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs
The Evolution of Surrogacy Laws in India– Surrogate Laws in India
India legalized commercial surrogacy in 2002, opening its doors to a booming surrogacy industry. This legalization led to the growth of numerous commercial firms specializing in surrogacy law, guiding and assisting both Indian and international clients in their surrogacy journeys.
However, the commercialization of surrogacy raised concerns about the potential exploitation of surrogate mothers and the commodification of children.
In response to these concerns, the 228th report of the Law Commission of India recommended prohibiting commercial surrogacy in favor of ethical altruistic surrogacy, governed by suitable legislation.
One of the driving factors behind the surge in surrogacy services in India has been poverty, compelling many economically disadvantaged women to rent their wombs in exchange for financial compensation or essential commodities.
To regulate surrogacy arrangements, the Indian Council of Medical Research (ICMR) issued guidelines in 2005. These guidelines stipulated that surrogate mothers were entitled to monetary compensation, the value of which was to be determined by mutual agreement between the surrogate mother and the intended parents.
Additionally, the guidelines specified that the surrogate mother could not donate her own egg for surrogacy and must relinquish all parental rights related to the surrogate child.
The Surrogacy (Regulation) Bill, 2016- Now Implemented as a Surrogacy Regulation Act 2021.
To address the ethical concerns and challenges associated with commercial surrogacy, the Indian government introduced the Surrogacy (Regulation) Bill in 2016. This bill focuses on the prevention of commercial surrogacy and the promotion of altruistic surrogacy while safeguarding the rights of surrogate mothers and children.
Key provisions of the bill include:
- Altruistic Surrogacy: The bill defines altruistic surrogacy as a practice in which no monetary compensation is provided to the surrogate mother, except for her medical and insurance expenses during pregnancy.
- Eligibility Criteria: To engage in surrogacy, the intended couple must meet specific eligibility criteria, including age and marital status requirements.
- Surrogacy Clinic Regulation: The bill mandates the registration of surrogacy clinics and the establishment of National and State surrogacy boards and Appropriate Authorities to oversee and regulate the surrogacy process.
- Protection of Surrogate Mothers: The bill prohibits commercial surrogacy, exploitation of surrogate mothers, and the sale of human embryos or gametes for surrogacy.
- Penalties and Punishments: Stringent penalties, including imprisonment and fines, are imposed on those who contravene the provisions of the bill.
Key Provisions of the Surrogacy Bill 2019
- Regulation of Surrogacy
The Surrogacy (Regulation) Bill 2019 categorically prohibits commercial surrogacy but wholeheartedly supports altruistic surrogacy. Altruistic surrogacy allows intending parents to provide compensation to the surrogate mother for medical expenses and insurance coverage during pregnancy.
- Permitted Purposes
Surrogacy is permitted under specific circumstances, including when it is medically established that the couple is infertile and unable to conceive naturally. The couple should not have existed baby. It must also be altruistic and not for commercial gain or exploitation.
- Eligibility Criteria
Intending couples seeking surrogacy must obtain a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the Government of India.
- Protecting the Rights of Surrogate Mothers
In the event that a surrogate or gestational carrier decides not to continue with the pregnancy, the legal framework in India addresses this scenario.
A child born through surrogacy is legally recognized as the child of the intended couple. In cases where abortion is necessary due to medical reasons, surrogacy in India allows the surrogate mother to provide written consent, adhering to the Medical Termination of Pregnancy Act 1971. The surrogate mother can withdraw from the pregnancy before the embryo implantation procedure takes place.
Conclusion
“Is surrogacy legal in India?” — Yes, surrogacy is indeed legal in India under specific conditions and regulations.
It is crucial to note that surrogacy in India primarily revolves around altruistic surrogacy, emphasizing the importance of responsible and compassionate parenthood.
If you are considering surrogacy services in India and require guidance on the way forward, you can contact us. With more than 13 years of experience in this domain, we are a qualified consultant to assist you.
Surrogacy in India is not straightforward now as per the new surrogacy regulations bill, there have been some eligibility criteria that need to be fulfilled and also you need to have approval from the surrogacy board in your state.
To confirm all this, can you give below detail to see if we can assist you with surrogacy in India legally?
- Female Partner Age:
- Male Partners Age:
- Citizenship:
- Marital status:
- Any child?:
- Medical reason for surrogacy:
- Self or donor cycle:
- Present location:
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.
Why Choose US?
1. We were in many ways the first Surrogacy provider since 2007.
2. We take pride we had 100% clearance with our 720+ babies born for international couples.
3. Today, the court and lawyer involvement has increased, so has the clinic responsibilities.
4. Presently we believe we are the only clinic in India, that is assisting their couples at all levels including Certificate clearances, Legal documentation, and Court orders, unlike other clinics, where they are referring to respective people.
5. The costs that have increased are primarily towards the legal and government charges and due to multiple legal compliances and approvals, the overall cost of surrogacy gone up.
6. By keeping all the services under one roof ( legal, medical, admins, evaluations, approvals) we save your time and money and make your surrogacy journey a hassle-free experience. (no need to come in person).
7. I can get one free first consult for you, so that you can ask questions and make an informed decision.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
FAQs about surrogates in India
Is surrogacy legal in India?
Yes, surrogacy is legal in India. India has a well-defined legal framework for surrogacy, which was introduced to regulate and govern the process.
What are the surrogacy laws in India?
The surrogacy laws in India are governed by the Surrogacy (Regulation) Act, 2021. This act outlines the legal procedures, requirements, and responsibilities for all parties involved in surrogacy.
Who can opt for surrogacy in India?
In India, married heterosexual couples who have been unable to conceive after trying for a certain period are eligible for surrogacy along with medical indications and no existing baby. Same-sex couples and single individuals are not eligible.
Are there any restrictions on surrogacy in India?
Yes, there are restrictions. Surrogacy is only allowed for altruistic purposes, and commercial surrogacy is banned in India. Additionally, the intended parents must be Indian citizens, and there are age and health criteria.
How to initiate the surrogacy process in India?
The surrogacy process in India typically begins with finding a suitable surrogate mother through a registered surrogacy agency. Legal agreements are signed, and medical procedures are initiated under the guidance of a fertility specialist.
What are the legal rights of surrogate mothers in India?
Surrogate mothers in India have the right to proper healthcare, compensation, and legal protection. The Surrogacy (Regulation) Act ensures their rights are safeguarded.
What are the responsibilities of intended parents in surrogacy?
Intended parents are responsible for providing financial support, covering medical expenses, and ensuring the well-being of the surrogate mother throughout the pregnancy. Legal responsibilities are outlined in the surrogacy agreement.
Are international couples allowed to pursue surrogacy in India?
International couples were once allowed to pursue surrogacy in India, but regulations have become stricter. Currently, foreign couples are not permitted to engage in surrogacy in India. However, OCI and NRI can do surrogacy in India, if they fulfill the criteria as per the Surrogacy Regulation Bill 2021.
How does the surrogacy process work legally in India?
The legal process in India involves drafting a surrogacy agreement that outlines the rights and responsibilities of all parties. It is crucial to work with a qualified lawyer to ensure compliance with the Surrogacy (Regulation) Act.
What are the penalties for illegal surrogacy in India?
Engaging in illegal commercial surrogacy in India can result in penalties, including fines and imprisonment. It is essential to follow the Surrogacy (Regulation) Act to avoid legal consequences.
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