Is Surrogacy Legal in India? What Aspiring Parents Need to Know

Surrogacy has become a beacon of hope for many aspiring Intending parents worldwide. In India, the journey to parenthood through surrogacy is legally possible, but it’s bound by specific rules and regulations. Understanding these laws is crucial for anyone considering this option. This guide provides a clear, engaging look at the legalities of surrogacy in India, explaining the steps involved and helping you decide if surrogacy is the right path for you.

WHY ONLY ALTRUISTIC SURROGACY IS LEGAL IN INDIA

In India, only altruistic surrogacy is allowed under the Surrogacy (Regulation) Act of 2021. Altruistic surrogacy means the surrogate mother does not receive payment for carrying the child beyond covering essential medical and insurance costs. This model aims to reduce any potential exploitation by making the surrogate’s role one of compassion and support rather than financial gain.

WHO IS ELIGIBLE FOR SURROGACY IN INDIA?

The Surrogacy (Regulation) Act sets clear eligibility criteria for both the intended parents and the surrogate mother. Here’s a breakdown of who qualifies:

  1. For the Intended Parents:
    • Only Indian married couples  and single divorced or widowed women are allowed to pursue surrogacy legally.
    • The wife should be aged between 25 to 50 years, and the husband between 26 to 55.
    • In case of single divorced or widowed women they must be between 35 to 45 years of age
    • They must have a Eligibility  and essentiality certificate from the respective Surrogacy board and Appropriate Authority showing that surrogacy can be allowed for this couple to have a child.
  1. For the Surrogate Mother:
    • The surrogate must be undergoing surrogacy only for Altruistic reasons
    • She must be between 25 and 35 years old and have at least one child of her own.
    • The surrogate cannot be genetically related to the child. This means only gestational surrogacy (where the surrogate is not the biological mother) is allowed.

These eligibility criteria ensure that surrogacy is used as a last resort for people with genuine medical needs and that the process involves trusted relationships rather than commercial interests.

REQUIRED CERTIFICATIONS: NAVIGATING THE PAPERWORK

Once eligibility is established, intended parents and surrogates must obtain specific certifications:

  1. Certificate of Essentiality:
    • This document proves that surrogacy is medically necessary for the intended parents.
    • It is issued after a thorough medical evaluation and is required by the surrogacy authorities to proceed with the process.
  1. Certificate of Eligibility:
    • This certificate confirms that the intended parents meet all legal, age, and medical criteria set by the government.
    • It serves as a formal validation that the couple’s reasons for choosing surrogacy are aligned with legal requirements.

Both certificates are issued by designated authorities, adding a layer of accountability and ensuring that surrogacy is a well-regulated process for all parties involved.

REGISTERED SURROGACY CLINICS: ENSURING A SAFE PROCESS

Surrogacy in India can only be carried out in registered clinics that meet the guidelines of the Surrogacy (Regulation) Act. These clinics are responsible for:

  • Conducting thorough medical and psychological evaluations of the surrogate mother.
  • Performing all IVF procedures and ensuring the surrogate’s health and safety throughout the pregnancy.
  • Providing a regulated environment that safeguards the rights and well-being of both the surrogate and the intended parents.

This focus on regulated, licensed clinics ensures that surrogacy is practiced with the highest standards of care and compliance. Using an unregistered clinic not only puts the entire process at risk but could also lead to legal complications, which is why prospective parents must carefully select a clinic that meets these stringent standards.

A STEP-BY-STEP LOOK AT THE SURROGACY PROCESS

Once all certifications and approvals are secured, the surrogacy process begins. Here’s a simplified overview of the journey from start to finish:

  1. Selection of the Surrogate:

Surrogate must be between the age of 25 to 35 years and be medically and psychologically fit to be able to carry a surrogacy pregnancy

She must be explained about all the laws related to surrogacy and depose before  a magistrate that she will handover all the child to the couple after birth

  1. Medical and Legal Preparations:
    • The surrogate mother undergoes medical checks to ensure she’s physically fit for pregnancy. Psychological support is also provided to help her prepare emotionally.
    • Legal documentation is put in place to transfer parental rights to the intended parents once the child is born.
  1. Embryo Implantation:
    • Using IVF, the couple’s egg and sperm (or donor gametes if necessary) are combined to form an embryo.
    • The embryo is then implanted in the surrogate’s uterus, beginning the pregnancy.
  1. Pregnancy and Birth:
    • Throughout the pregnancy, both the surrogate and the intended parents receive medical guidance, ensuring a healthy journey to birth.
    • Once the child is born, legal arrangements are finalized, officially establishing the intended parents as the legal guardians.

Each step is regulated to prioritize the well-being of both the surrogate mother and the intended parents, ensuring a balanced, safe, and ethical path to parenthood.

CHALLENGES AND LIMITATIONS OF SURROGACY IN INDIA

While the Surrogacy Act provides a legal path, certain restrictions make it challenging for some aspiring parents:

  1. Restricted Access:
    • Only married Indian and OCI couples are eligible, along with single wodowed women or divorceed women leaving out single individuals, unmarried couples, and same-sex couples.
  1. Complex Certification Process:
    • Obtaining the necessary legal certifications can be time-consuming, adding an administrative burden that some find daunting.

These limitations are in place to ensure that surrogacy is used ethically and responsibly. Though challenging, they aim to create a safe and fair environment for everyone involved.

FUTURE OF SURROGACY IN INDIA: IS THERE ROOM FOR CHANGE?

As family structures evolve, there is ongoing discussion around revisiting some of India’s surrogacy regulations. Issues such as the exclusion of single or same-sex parents could eventually be reconsidered. Although current regulations emphasize strict eligibility and ethical considerations, future reforms may incorporate more inclusive options for diverse family needs.

However, any adjustments to the surrogacy laws will likely continue to prioritize ethical standards, transparency, and the well-being of surrogates. For now, India’s legal stance on surrogacy balances traditional values with progressive aspirations, carefully guiding hopeful parents through a legally sound process.

CONCLUSION: FINDING CLARITY AND HOPE THROUGH SURROGACY

Surrogacy in India is legal but regulated by a framework that places an emphasis on compassion, trust, and ethical standards. While the eligibility criteria, certification requirements, and family-based model may seem stringent, these measures protect the rights of both intended parents and surrogates, ensuring a safe path to creating families.

If you’re considering surrogacy in India, it’s essential to understand the process thoroughly, choose a reputable clinic, and adhere to all legal requirements. With the right guidance, surrogacy offers a hopeful journey to parenthood for those who need it most—making it a truly life-changing opportunity wrapped in care, respect, and dignity.

WHY US?

Kiran Infertility Center complies with Indian laws on surrogacy and provides a safe, polite and sensitive environment for any parent who wishes to have a child. We will ensure the legal framework and standards are adhered to by our surrogate policy as our team of experts helps you through the process. For instance, we help select the right surrogate to attend the medical treatment procedures throughout the process. Kiran Infertility Center understands this lifeline decision’s importance and ensures that both intended parents and surrogates feel good about their decision.

Please visit to learn more:
https://kicchennai.com
contact us: 9677061668/9908392452
mail us: info@kicchennai.com

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Is Surrogacy Legal in India? What Aspiring Parents Need to Know

Surrogacy has become a beacon of hope for many aspiring Intending parents worldwide. In India, the journey to parenthood through surrogacy is legally possible, but it’s bound by specific rules and regulations. Understanding these laws is crucial for anyone considering this option. This guide provides a clear, engaging look at the legalities of surrogacy in India, explaining the steps involved and helping you decide if surrogacy is the right path for you.


Categories: Uncategorized