In recent years, the legal status of surrogacy in India has undergone revision. Earlier due to the low cost of treatment and lesser regulations, India had been a preferable country for surrogacy. To regularize that the surrogacy Act was passed in 2021 that was formulated with the aim to protect the rights of surrogate mothers, intending couples and children while taking care of moral considerations.
To give you a clearer background, commercial surrogacy become legal in 2002. For a long time, it remained under ICMR guidelines and court directives.
On February 26, 2020, the Union Cabinet passed the Surrogacy (Regulation) Bill, allowing only altruistic surrogacy. This implies that a woman can be a surrogate but without financial compensation. The bill faced delays due to COVID-19 and then passed as an act in 2021.
The act implied Intended couples must be of Indian citizens, NRIs, persons of Indian origin, or overseas citizens of India. For approval, certain things are necessary such as proof of infertility, a legal parentage order, along with post-delivery care insurance.
You can avail of the option of surrogacy process only at registered clinics. And, once the child is born then it is the legal responsibility of the intended couple , and it is a punishable offence to abandon the child.
The approved act states clear rules for intending couples, surrogates and children born out of this process. A National Surrogacy Board and state boards will oversee clinics and ensure ethical practices. It is an act of compassion or care and not a business model.
Surrogacy process in India- steps involved:
Eligibility criteria for intending couple
Only Indian married couples between the age of 23 to 50 in case of female and between 26 to 55 years in case of male on the day of certification who has a medical condition necessitating gestational surrogacy can avail surrogacy after certification by appropriate authority. The intending couple should not have any surviving child biologically or through adoption or through surrogacy earlier.
Eligibility criteria for surrogate mothers
A surrogate mother must be a married woman aged 25 to 35 years with a biological child and can only undergo the process once in her lifetime. She must willingly consent to surrogacy and obtain a medical and psychological fitness certificate. Additionally, she is not permitted to use her own gametes for the procedure.
Medical assessment & legal agreements:
Both the intended parents and the surrogate go through proper medical screening to proceed with a safe pregnancy. A legal agreement becomes mandatory, stating responsibilities, rights, and compensation details for medical expenses. This extends the clarity and legal protection for all parties.
IVF Process:
Gestational surrogacy involves using in-vitro fertilization (IVF) for embryo formation, the doctor then transfers the embryo into the surrogate’s uterus. There is no involvement of the surrogate’s own eggs in the whole IVF process.
Pregnancy & childbirth:
The surrogate carries the pregnancy to term. Post-childbirth, the newborn is legally handed over to the intended parents. The birth certificate will list only the names of the intended parents, protecting the legal rights of the child born and keeping away unforeseen troubles of the future. So, yes the child born is intended to be the parents’ responsibility.
Know these things about surrogacy act in India.
The amendments in India’s surrogacy rules have made it more inclusive. Couples suffering from a medical or genetic problem that doesn’t let them conceive can still opt for surrogacy. This relieves a lot of people going through severe infertility or hereditary issues.
The new rules also protect the rights of surrogate mothers, making sure that they don’t go through any exploitation (financial or emotional). In India, surrogacy is more of an act of care, not a business.
Here are some key things you should know about the updated surrogacy laws:
Only Altruistic Surrogacy Allowed. Surrogates can only be compensated for medical and pregnancy-related expenses. Commercial surrogacy is banned.
Who Can Be a Surrogate? Only a married woman within a certain age group with a biological child can be a surrogate, and only once in her lifetime.
The surrogacy process goes beyond a medical process. The entire process is a potpourri of hope, emotions and the right guidance.
Abiding by India’s updated laws on surrogate motherhood, intended parents can consider this process with much more faith and confidence. Choose the right trusted clinic that caters to your needs while prioritizing ethical care and positive outcomes.
Our team at Pristyn Care Ferticity IVF & Fertility Clinics supports you through the journey of surrogate treatment. With us by your side, no challenge to parenthood is too big to overcome. Book your consultation today.
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