Commercial Surrogacy has been banned by the Government of India. Please refer to the below link for the detailed Gazette/ Notification: https://egazette.nic.in/WriteReadData/2021/232118.pdf. We will be back as soon as we have any further clarification/ update on the same.
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An Overview about Surrogacy Law in India

Surrogacy Law in India

In India, surrogacy is a frequent practice. Even in India’s Parliament, the issue of how to regulate surrogacy to provide equality for surrogates, intended parents, and the rights of the surrogate child is a hot one. As a result of the recent passage of the “Indian Surrogacy Regulations Bill 2019” in the Indian parliament, many optimistic intended parents are left with the question, “Is Surrogacy Legal in India?”

What does the Surrogacy Regulation Bill 2019 say?

On July 15, 2019, the Lok Sabha passed the Surrogacy Regulation Bill 2019. The Bill defines surrogacy as a procedure in which a woman gives birth to a child for an intending couple and then hands the kid over to the intended couple.

Surrogate motherhood has been outlawed, but altruistic surrogacy has been allowed. There is no financial remuneration for altruistic surrogacy, but the surrogate mother receives medical and insurance coverage for the duration of the pregnancy. When a surrogate mother is paid for her services, it is known as commercial surrogacy, which encompasses any surrogacy-related treatments for monetary gain or reward (in cash or kind).

Under what conditions the Bill permits surrogacy?

According to the proposed legislation, surrogacy is legal in the following situations:

  • For couples hoping to start a family who has been diagnosed with infertility,
  • Altruistic;
  • Not for commercial purposes;
  • Not to produce babies for sale, prostitution, or any other exploitation;

The 2019 surrogacy statute has not yet been modified, and as a result, India continues to practice surrogacy.

What are the Eligibility criteria for an intending couple? 

  • For the couple to be married, they must receive a “certificate of essentiality” and a “certificate of eligibility.”
  • India’s surrogacy program requires that one of the partners have a valid Indian Passport to participate.

What do you mean by an “essentiality certificate?”

  • A certificate from a District Medical Board stating that one or both members of the intending couple are infertile;
  • Order of parentage and custody of the surrogate child passed by a magistrate court.

What are the qualifications for intending couples?

  • A minimum of five years of marriage, and a citizen of India.
  • The woman should be between 23 and 50, while the husband should be between 26 and 55.
  • Couples should not have any surviving children (biological, adoptive, or surrogate) unless for a kid who is intellectually or physically challenged or has a life-threatening or deadly disease.

What are the eligibility criteria for the Surrogate Mother?

  • She’s a close family friend of the pair who’s getting married;
  • At the very least, she is the mother of her biological kid.
  • She’s between the ages of 25 and 35;
  • She only gets to be a surrogate mom once in her life.
  • She’ll need a medical and psychological fitness certificate before she may be a surrogate mother.
  • The surrogate mother can’t provide her gametes (eggs) for surrogate motherhood.

Abortion of the surrogate child under Indian law

  • The intended parents’ biological child is automatically considered when a kid is delivered via the surrogacy services in Delhi.
  • To abort the surrogate child, the surrogate mother’s written agreement must be obtained, as well as the proper authority’s approval. This authorization meets the Medical Termination of Pregnancy Act of 1971.
  • Before the embryo is deposited into the surrogate mother’s womb, she has the choice to withdraw from surrogacy.

Conclusion

Any couple considering surrogacy in India, or any woman interested in taking on the role of surrogate mother for a couple but uncertain about surrogacy’s legalities in India, should consult with an attorney. Being part of one of the best surrogacy centre in Delhi, Dr. Shivani Sachdev Gour will assist you with your queries and help you to understand surrogacy treatment.

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