The Surrogacy (Regulation) Act, 2021, provides a clear legal framework for surrogacy in India, safeguarding the rights and responsibilities of all parties involved. For intended parents, this law ensures a structured and transparent pathway to parenthood while setting eligibility criteria to ensure ethical practices.
Here’s everything you need to know about your role as intended parents under the surrogacy law in India.
Who Are Intended Parents?
Intended parents are individuals or couples seeking to have a child through surrogacy. They assume legal responsibility for the child born through the process and are considered the child’s biological parents.
Eligibility Criteria for Intended Parents
The Surrogacy Act outlines strict guidelines to determine who can become intended parents:
- Marital Status:
- Must be a legally married heterosexual Indian couple.
- Age Limit:
- The intended mother should be aged 23 to 50 years.
- The intended father should be aged 23 to 55 years.
- Medical Necessity:
- The couple must provide medical proof of infertility or a condition that prevents natural conception.
- Special Cases:
- Widowed or divorced women aged 35 to 45 years may also opt for surrogacy under specific circumstances.
- OCI/NRI Eligibility:
- Overseas Citizens of India (OCI) and Non-Resident Indians (NRIs) meeting the above criteria are also eligible for altruistic surrogacy.
- Non-Eligibility:
- Single individuals, same-sex couples, and foreign nationals are not eligible for surrogacy under Indian law.
Responsibilities of Intended Parents
- Legal Formalities:
- Intended parents must complete a surrogacy agreement with the surrogate mother, clearly outlining the rights and responsibilities of both parties.
- This agreement must comply with the Surrogacy (Regulation) Act, 2021, and be approved by the appropriate authority.
- Medical and Financial Support:
- Intended parents are required to cover all medical expenses related to the surrogate’s pregnancy, including pre- and post-natal care.
- Insurance coverage for the surrogate is mandatory to ensure her well-being.
- Emotional and Psychological Consideration:
- Intended parents must treat the surrogate with respect and understanding, recognizing her critical role in their journey to parenthood.
- Post-Birth Responsibility:
- Upon the child’s birth, the intended parents assume full responsibility for the child’s upbringing, as legally recognized biological parents.
Legal Protections for Intended Parents
- Parental Rights:
- The child born through surrogacy is legally recognized as the child of the intended parents. The surrogate mother has no parental rights over the child.
- Ethical Assurance:
- The altruistic model ensures no commercial exploitation, safeguarding both the intended parents and the surrogate.
- Regulation by Authorities:
- The surrogacy process is monitored by the Appropriate Authority and the Surrogacy Board, ensuring compliance with legal and ethical standards.
Why the Surrogacy Law Benefits Intended Parents
The Surrogacy (Regulation) Act, 2021, empowers intended parents by:
- Providing a legally secure process to fulfill their dream of parenthood.
- Ensuring ethical practices and protection from exploitation.
- Offering transparency and support throughout the surrogacy journey.
Your Next Steps
As intended parents, understanding your rights and responsibilities is crucial for a smooth surrogacy process. Collaborate with a trusted surrogacy center that adheres to the Surrogacy (Regulation) Act, 2021, to ensure a safe and fulfilling journey to parenthood.
For more guidance on becoming intended parents in India, consult a surrogacy expert or legal advisor today.
Commitment to Excellence
At Surrogacy Centre India, we are committed to providing a secure, ethical, and supportive environment for couples considering altruistic surrogacy. With our expertise, compassion, and adherence to Indian law, your journey to parenthood will be safe, transparent, and fulfilling.
For more information or to check your eligibility, contact us today:
📞 +91-9999168867
