Many couples dream of starting a family together but infertility and other medical reasons can halt natural conception. Surrogacy is a fantastic option for many prospective parents looking to overcome this challenge.
There has been a large-scale reform of surrogacy laws in India. As of recent changes to the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is legally accepted. With such changes to the laws, many prospective parents are confused about who is eligible for surrogacy in India as well as additional prerequisites that apply.
This blog post breaks down the kinds of altruistic surrogacy available for prospective parents in India, the legal prerequisites for surrogate mothers and parents, and some key things to keep in mind before jumping in.
What Is Altruistic Surrogacy?
Altruistic surrogacy is when a woman has a baby for another couple, and she gets paid nothing besides her medical bills. This is done to try to make surrogacy practices more ethical so women don’t get exploited.
In the past, this was the opposite of what was happening in India when surrogacy was legal and women would get paid to carry babies. However, this is now against the law in India. To make the surrogacy process safer and give more transparency, law regulations were put into place.
In India, with altruistic surrogacy, intended parents can only pay for the medical-related expenses with things like medical insurance, and they can only pay for the care of the surrogate mother. Any other, or more, money is not allowed to be given.
Who Can Opt for Altruistic Surrogacy in India?
In India, the Surrogacy (Regulation) Act, 2021, puts limits on who can access surrogacy, which restricts surrogacy to situations that warrant it on medical grounds, to a certain extent.
Those who can be seen as compassionate surrogacy participants are:
Legally Married Indian Couples
At this point, in most cases, only legally wed heterosexual Indian couples can apply for surrogacy in India. The marriage needs to be at least five years old as a condition for surrogacy.
Age Limits for the Prospective Parents
The law provides and specifies limits to age and duration for both parties.
- For the female: 23 and 50 years
- For the male: 26 and 55 years
The limits, age and duration are catered to provide and care for psychosocial and economic stability.
Medical Problems with Infertility
The partnership must be acknowledged as having medical issues or infertility problems. This must be supported with a medical diagnosis of their inability to conceive or carry a pregnancy to term. Medical certification from a recognized medical authority is usually requested.
Couples Without a Surviving Child
Intended parents should not have a living child who is their biological or willed (adopted) child or a child born from a previous surrogate parenting agreement. A (i.e., biological) child with an extremely rare defect or a condition that is otherwise life-threatening may provide an exception to surrogate parenting.
The Position of Single Women
Infertility is also frequent in single women. Under specific circumstances, surrogacy may also be approved for women who have lost their husbands or who have been separated from their husbands for a specific number of years. The single-parent surrogate law is easily the most controlled.
Who Is NOT Eligible for Surrogacy in India?
The Indian Surrogacy Regulations Prohibited Categories also outline who is not allowed to do surrogacy. That is very important for any person to consider before even thinking about doing treatment.
The following are generally not allowed to do surrogacy:
- Live-in couples
- Unmarried couples
- Same-sex couples
- Foreign nationals, in most cases
- Couples who are doing surrogacy in exchange for payment
- Without a legal reason that justifies the use of surrogacy
All of these points summarize, on an overall level, the very strict laws that the Indian train of thought adopts on the professional track of surrogacy.
Eligibility Criteria for a Surrogate Mother
The law is also beneficial to the health of the surrogate mother by providing clear legal protection.
The law states a surrogate mother has to:
- Be a woman who has been married at least once
- Be a biological mother once
- Be between the ages of 25 and 35
- Be in good health, both mentally and physically
- Only be a surrogate mother once
In detail, the surrogate mother has to meet a lot of health requirements before pregnancy. Through counseling, a surrogate becomes healthy and the law helps her have a healthy pregnancy.
Documents and Legal Approvals Required for Surrogacy
If you want to do surrogacy in India, you need to get some legal and medical approvals. For the doctors to begin the treatment, the intended parents need to get some documents in order for the clinic. Those documents must include:
- Infertility or medical certification
- Essentiality documentation
- Proof of identity and marriage endorsement
- The surrogate’s insurance papers
- Legal surrogacy documents
- Permission from the proper authorities or district medical boards
Also, and most importantly, fertility clinics that follow Indian laws need to be the ones that do the surrogacy procedures.
Important Legal Rules Couples Should Know
Before entering a surrogacy agreement, intended parents should be aware of the legal framework governing the process.
Altruistic Surrogacy Is Not Commercial
It is illegal to pay a surrogate mother more than the costs of medical support and insurance. Commercial surrogacy is not legal in India.
Sex Selection Is Prohibited
It is against the law to select the child's sex through assisted reproduction or surrogacy in India.
Fertility Clinics Are Required
Government-approved and registered surrogacy and fertility clinics must be used for surrogacy processes.
Parental Rights of the Child
Planned parents in surrogacy will have all legal rights to the child, and the child will be legally regarded as the surrogate’s biological child.
Documentation Is Required
Legal issues and complications can be avoided by having all legally required approvals and paperwork for each part of the surrogacy process.
Why Legal Guidance Is Important Before Choosing Surrogacy
Indian surrogacy laws are very detailed and may continue to change. This means intended parents will need legal and medical help.
There are multiple reasons clients choose surrogacy clinics with legal and medical staff.
- All laws are followed
- Surrogacy is completed ethically
- All procedures and laws are as clear as possible
- All documents are completed properly
- Clients will receive psychological support
- Clients will receive medical support
Staff at a surrogacy clinic will help intended parents understand any legal issues related to surrogacy and answer any questions about legal eligibility.
Conclusion
India's altruistic surrogacy is a solution for couples with infertility by providing resources for the legally prescribed surrogacy process in India. The promise that the Surrogacy (Regulation) Act, 2021, provided to couples is now lost due to the Act's rigidity.
People seeking surrogacy in India today need to know the medical-legal eligibility criteria for surrogacy and how to comply with them, so that when surrogacy becomes an option, they are at no loss for medical-legal preparation.
Surrogacy in India is an option, only when the barriers to surrogacy in India are known, and so, as an intending parent, the best option is to consult Surrogacy Centre India to help with the best legal surrogacy and parenthood, as per the ethics.
