Before starting the surrogacy process in India, intended parents should know about the legal issues related to surrogacy in India
The Indian Parliament approved legislation to better regulate fertility and surrogacy practices in the country and protect the health of the women involved. The Assisted Reproductive Technology (Regulation) Bill 2021 aims to maintain a standard of infrastructure, equipment, and personnel at fertility clinics.
The Surrogacy (Regulation) Bill 2020 proposes increased health insurance coverage to 36 months, prohibits paid surrogacy, and allows divorced or widowed women to have children through surrogacy. Criticism of the bills highlights the lack of inclusion of single parents and LGBTQ+ communities.
Read more: https://prsindia.org/files/bills_acts/bills_parliament/2020/The%20Assisted%20Reproductive%20Technology%20(Regulation)%20Act,%202021.pdf
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?
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
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
When should people go for surrogacy?
There are a variety of reasons why couples around the world might choose surrogacy. Here are a few reasons –
- Same-Sex Couple – Gay couples, especially men, will use surrogacy to have a child of their own by donating their sperm. They are taking the help of the eggs donated to have their own baby.
- Advanced age of the mother – In these situations where the age is higher, carrying the pregnancy is more dangerous because the infant may not be easier to bear.
- Repeated IVF failures – If the intended couple has tried to become pregnant several times using ART techniques like IVF but has failed miserably. So, in this case, the gestational surrogacy process might be a good option for the parents.
- Severe disease of the mother – If pregnancy is not easy for the mother or the unborn child due to some chronic diseases like heart disease and kidney disease.
- Hysterectomy – If a mother has removed her uterus due to some medical issues or is born with a nonfunctional uterus, then surrogacy is the best option for that couple.
Types of Surrogacy
There are basically 2 types of surrogacy –
- Gestational surrogacy – In gestational surrogacy, the surrogate does not use her own egg. The egg used belongs to the intended mother or could choose an egg donor similarly, the sperm used belongs to the intended father or the sperm donor. The gestational carrier has no biological relationship with the child.
- Traditional surrogacy – In traditional surrogacy, the egg used, belongs to the surrogate. Thus, having a biological relationship with the child.
Surrogacy in India: What you should know?
As per the Surrogacy Regulation Act, 2021, below are the factors that need to be considered while opting for a surrogate mother in India:
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 the 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.
The documents needed to do surrogacy:
- Approval for availing surrogacy from the state ART board has to be produced.
- Certificate of eligibility of intending couple or woman,
- Certificate of eligibility of surrogate mother,
- Certificate of essentiality,
Read more on this topic:
Top 10 surrogacy doctors in India with affordable surrogacy cost
How much does surrogacy cost in India?
All you need to know about surrogacy in India?
Conclusion
If you consider surrogacy as an international intended parent in India. It is best to consider other locations to achieve your surrogacy goals in order to avoid legal ramifications.
Local Indian intended parents, need to get in touch with the best surrogacy clinics in India and seek the current status of surrogacy laws.
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 have the clinic’s responsibilities.
4. Presently we believe we are the only clinic in India, that is assisting 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 has 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.
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: Self-eggs
- Present location:
If you will not be eligible for surrogacy in India, we can offer other countries as well. We are happy to set up a consultation call to discuss your options and further assistance if needed.
If you’d like to learn more about IVF, Egg Donation, or surrogacy in India, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
