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Is Surrogacy Legal in India – Key Facts to Know

Is Surrogacy Legal in India – Key Facts to Know

Surrogacy in India- not possible for foreingers anymoreSurrogacy in India- not possible for foreingers anymore

In recent years, surrogacy in India has seen big changes. It was once a popular place for surrogacy, especially for couples from abroad. But now, strict rules have made it hard for international couples to find surrogacy in India. 

So, what’s the current law on surrogacy in India, and who can use it? Let’s explore the important facts you need to know.

Key Takeaways

Get in touch for a Free Surrogacy Consultancy:

📲 +91-8800481100 ( WhatsApp, Line, Viber)

📧 neelam@ivfconceptions.com

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Additional guide for surrogacy in India:

Cost of Surrogacy in Mumbai: Affordable Options

Top 5 Best Surrogacy Doctors in Mumbai With High Success Rate (2023)

Best IVF Centers in India – IVF Conceptions

Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed

Latest Surrogacy Law in India- Surrogacy (Regulation) Act, 2021

Is Surrogacy for NRI in India Allowed?

Is Surrogacy Legal In India?

How to Find Surrogate Mothers in India

How Much Does Surrogacy Cost In India ( in 2023)?

Legal Issues Related To Surrogacy In India

Surrogacy In India-Everything Parents Need to Know

Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs

surrgacy in armenia for married couplessurrgacy in armenia for married couples

Introduction to Surrogacy in India

Surrogacy is when a woman carries a baby for someone else. It’s a big topic in India. There are two main types: altruistic and commercial surrogacy.

Definition of Surrogacy

Surrogacy means a woman, called the surrogate mother, carries a child for someone else. This can be a couple or an individual. The child’s genetic link to the surrogate mother varies based on the arrangement.

Types of Surrogacy: Altruistic and Commercial

Altruistic surrogacy doesn’t pay the surrogate mother. She only gets back medical and other expenses. Commercial surrogacy, however, pays the surrogate mother for carrying the child.

Before 2015, India allowed commercial surrogacy. It was a big business, making up to $2.3 billion a year. But, worries about surrogate mothers being exploited led to a ban. Now, India focuses on altruistic surrogacy within family groups.

India’s laws on surrogacy have changed. They now support altruistic surrogacy more. They also made it easier for surrogate mothers to qualify. This makes surrogacy more open to those who want it.
Types of SurrogacyTypes of Surrogacy

History of Surrogacy Laws in India

The surrogacy practice in India has a long and complex history. It became well-known in the country from 2002 to 2015. During this time, India was known as the “surrogacy capital of the world.” This was because of the lack of laws and the low costs involved.

But, the industry was not regulated well. This led to the exploitation of surrogate mothers. They faced unethical treatment, and poor living conditions, and got only a small part of the money paid by their intended parents. 

The Indian government then tried to control the industry with surrogacy laws and bills. This effort ended with a ban on commercial surrogacy in the country.

India changes surrogacy law, allows single mothers to have children via surrogacy | News9India changes surrogacy law, allows single mothers to have children via surrogacy | News9

Reasons for the Ban on Commercial Surrogacy

The ban on commercial surrogacy in India was for several reasons:

The Surrogacy (Regulation) Act, 2021 is the latest law to address these issues. It aims to eliminate the commercialization of surrogacy. It also promotes altruistic surrogacy and protects the rights of surrogate mothers and intended parents.

Is Surrogacy Legal in India: The Current Legal Status

Surrogacy laws in India have changed a lot lately. The Surrogacy (Regulation) Act, of 2021 made commercial surrogacy illegal. Now, only altruistic surrogacy is allowed for needy, infertile Indian couples.

THE SURROGACY (REGULATION) ACT, 2021 

A lot of regulations were introduced, impacting many aspects of surrogacy. A glimpse of a few of the regulations is marked here below. If you wish to do surrogacy in India, you need to fulfill these.  We are happy to assist you with the legal surrogacy program in India, but if you do not pass this condition, then doing surrogacy outside India is possible with us. 

Important clauses redefining surrogacy are highlighted below.

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.

passport and citizenship for the surrogacy baby born abroadpassport and citizenship for the surrogacy baby born abroad

The Surrogacy (Regulation) Act, 2021- In Nutshell 

This new law has strict rules for those wanting surrogacy. The couple must be Indian, married, and infertile. The woman should be between 23 and 50, and the man between 26 and 55.

They must not have any children already. The surrogate mother must be an Indian woman, married, between 25 and 35, and have her own child.

Eligibility Criteria for Surrogacy

The Surrogacy (Regulation) Act, 2021 aims to protect surrogate mothers. It wants to ensure ethical practices in India’s surrogacy industry. By only allowing altruistic surrogacy, the government aims to safeguard everyone’s rights and well-being.

Even though the new law tackles some issues with commercial surrogacy, its success is uncertain. It will be interesting to see how these rules are enforced and shape the future of surrogacy in India.

How much does surrogacy cost in India?

The cost of surrogacy in India is between 20 to 25 lakhs INR and it varies widely depending upon the location, types of services needed, and the experience of the fertility doctor.’

Rights and Responsibilities of Surrogate Mothers

The Surrogacy (Regulation) Act, 2021, gives surrogate mothers in India clear rights and duties. They must be physically and mentally healthy, with a doctor’s approval. They can’t use their own eggs or sperm for the surrogacy.

Surrogate mothers in India can only do surrogacy once in their lives. They get insurance for 36 months, covering any issues or death. They also have the right to stop the surrogacy until the embryo is placed in their womb. They can choose to end the pregnancy under the Medical Termination of Pregnancy Act, 2019.

Rights of Surrogate Mothers in India Responsibilities of Surrogate Mothers in India
  • Right to be physically and mentally fit, as certified by a medical practitioner
  • Right to revoke participation up until embryo transfer
  • Right to terminate pregnancy as per the Medical Termination of Pregnancy Act, 2019
  • Right to be covered by insurance for 36 months, including for complications or death
  • Prohibited from providing their own gametes for surrogacy
  • Can participate in surrogacy only once in their lifetime
  • Must meet the age and marital status requirements as per the law
  • Must undergo medical and psychological fitness evaluation

The Surrogacy (Regulation) Act, 2021 aims to protect surrogate mothers in India. It ensures they are treated fairly in the surrogacy rights India process. This law also makes sure only altruistic surrogacy is allowed, banning commercial surrogacy.

“The new surrogacy law in India introduced in 2021 prohibits commercial surrogacy, allowing only for altruistic surrogacy arrangements.”

Knowing the rights and duties of surrogate mothers in India helps intended parents make better choices. It ensures a fair and legal surrogacy process. The cost of surrogacy in India is also a key factor, as the law limits financial aspects.

cost of surrogacy in the USAcost of surrogacy in the USA

Ethical and Social Implications of Surrogacy in India

The surrogacy industry in India has faced big ethical and social challenges. Many surrogate mothers were treated unfairly, living in poor conditions. They got only a small part of the money paid by the intended parents.

This made them feel like machines for making babies, ignoring their health and happiness.

Exploitation of Surrogate Mothers

Surrogate mothers in India were often taken advantage of. They got bad medical care and lived in poor conditions. They also got very little of the money paid by the intended parents.

This made them feel like they were just being used, not valued for their role in the surrogacy process.

The new rules aim to fix these problems. They ban commercial surrogacy and only allow altruistic surrogacy for needy, infertile Indian couples. This change aims to protect surrogate mothers and treat them with respect.

“Surrogacy is a beneficial concept to fulfill the desire for parenthood for infertile couples and offer a service opportunity for surrogate mothers.”

But, it’s important to make sure these new laws are followed well. This is key to really solving the surrogacy exploitation and surrogacy ethical issues in India. We need to keep working to protect everyone involved in surrogacy.

Alternatives to surrogacy in India for Intended Parents- Legal surrogacy countries

India’s ban on commercial surrogacy has led intended parents to look elsewhere. Countries like Mexico, Argentina, Colombia, Georgia, and Armenia offer legal surrogacy options. Each has its own rules and things to consider.

International surrogacy countries to explore with us 

https://www.ivfconceptions.com/surrogacy-in-india/

https://www.ivfconceptions.com/surrogacy-in-ukraine/

https://www.ivfconceptions.com/surrogacy-in-georgia/

https://www.ivfconceptions.com/surrogacy-in-mexico/

https://www.ivfconceptions.com/surrogacy-in-usa/

https://www.ivfconceptions.com/surrogacy-in-colombia/

https://www.ivfconceptions.com/surrogacy-in-laos/

https://www.ivfconceptions.com/surrogacy-in-uk/

https://www.ivfconceptions.com/surrogacy-in-canada/

https://www.ivfconceptions.com/surrogacy-in-kazakhstan-for-intended-parents/

https://www.ivfconceptions.com/surrogacy-in-armenia-process-legal-and-surrogacy-cost-in-armenia/

Surrogacy in Mexico

Mexico has laws for surrogacy, making it a good choice for many. But, the rules differ by state. It’s important to research and work with legal experts.

Surrogacy in Argentina

Argentina welcomes LGBT couples and single parents for surrogacy. Its laws are clear, making it a structured choice for those seeking surrogacy.

Surrogacy in Colombia

Colombia has laws for surrogacy, but they’re not as detailed as others. Intended parents should be ready to understand the legal details and work with local experts.

Surrogacy in Georgia

Georgia is known for being surrogacy-friendly. It has laws that allow both altruistic and commercial surrogacy for all intended parents.

Surrogacy in Armenia

Armenia also allows surrogacy, with laws that are generally good for intended parents. But, it’s key to research the laws and work with trusted professionals.

Exploring these countries for surrogacy means staying updated on laws and working with experts. This way, intended parents can find a suitable path that meets their needs and values.

Conclusion

Surrogacy in India has seen big changes in laws lately. Commercial surrogacy was allowed from 2002 to 2015. But now, the Surrogacy (Regulation) Act, 2021 has made it illegal. It only allows altruistic surrogacy for needy, infertile Indian couples who meet strict criteria.

This change came because of worries about surrogate mothers being exploited. There were also no clear rules in the industry.

Even though surrogacy is limited in India now, there are other places to look. Countries like Mexico, Argentina, Colombia, Georgia, and Armenia have surrogacy laws that are more welcoming. These places might offer better and more regulated options than India.

Get in touch for a Free Surrogacy Consultancy:

📲 +91-8800481100 ( WhatsApp, Line, Viber)

📧 neelam@ivfconceptions.com

📮  www.ivfconceptions.com   

commercial surrogacy countriescommercial surrogacy countries

FAQ for legal surrogacy in India 

Is surrogacy legal in India?

Surrogacy in India has seen big changes in laws recently. Before, commercial surrogacy was legal from 2002 to 2015. But now, the Surrogacy (Regulation) Act, 2021 has made it illegal. It only allows altruistic surrogacy for needy, infertile Indian couples who meet strict criteria.

What are the types of surrogacy in India?

There are two types of surrogacy in India. Altruistic surrogacy means no money is paid to the surrogate. Commercial surrogacy, where money is paid, was legal until 2015 but is now banned.

What are the reasons for the ban on commercial surrogacy in India?

The ban on commercial surrogacy came after a surge in the industry from 2002 to 2015. This growth led to the exploitation of surrogate mothers. They faced poor conditions and unfair pay. The government banned it to protect them.

What are the eligibility criteria for surrogacy in India?

The Surrogacy (Regulation) Act, 2021 has strict rules for surrogacy. The couple must be Indian, married, and infertile. The woman must be 23 to 50, and the man 26 to 55. They must not have any living children.

The surrogate mother must be an Indian woman, 25 to 35, with her own child. She can only be a surrogate once.

What are the rights and responsibilities of surrogate mothers in India?

Surrogate mothers in India have rights and duties under the Surrogacy (Regulation) Act, 2021. They must be healthy and cannot use their own gametes. They can only be a surrogates once and must have insurance for 36 months.

They can stop participating until the embryo is implanted. They can also choose to end the pregnancy under certain laws.

What are some viable alternatives for intended parents outside of India?

With commercial surrogacy banned in India, parents are looking elsewhere. Countries like Mexico, Argentina, Colombia, Georgia, and Armenia offer legal surrogacy options. These places provide a safe and regulated environment for surrogacy.

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