Understanding the Eligibility Criteria for Surrogacy in India

Surrogacy in India

Surrogacy in India has evolved significantly over the years, with the introduction of the Surrogacy (Regulation) Act, 2021, aiming to regulate and monitor surrogacy practices. This Act outlines specific eligibility criteria for both intended parents and surrogate mothers to ensure ethical practices and the well-being of all parties involved. Indian Egg Donors works closely with registered clinics and agencies to guide intended parents through the surrogacy process while complying with Surrogacy in India.

Eligibility Criteria for Intended Parents

Marital Status: Intended parents must be legally married for at least five years.

Citizenship: Only Indian citizens are eligible to commission surrogacy in India. This includes Indian citizens residing abroad, as long as they meet other criteria and comply with Indian legal processes, such as court hearings for legal guardianship.

Medical Necessity: At least one of the intending parents must have a medical certificate indicating infertility or the inability to carry a pregnancy.

Age Limitations: The woman should be between 21 and 39 years old, and the man between 25 and 45 years old.

No Surviving Child: Intended parents should not have any surviving child, whether biological, adopted, or born through surrogacy, unless the child is mentally or physically challenged or suffers from a life-threatening disorder.

Eligibility Criteria for Surrogate Mothers

Relationship to Intended Parents: Surrogate mothers must be close relatives of the intending couple.

Marital Status and Parenthood: They should be married and have at least one biological child of their own.

Age Limitations: Surrogate mothers must be between 21 and 39 years of age.

Previous Surrogacy: They should not have been a surrogate mother previously.

Medical and Psychological Fitness: A certificate of medical and psychological fitness is required to ensure the surrogate’s health and well-being. Indian Egg Donors also ensures that surrogate mothers meet all medical criteria outlined in the surrogacy program.

Legal and Ethical Considerations

Altruistic Surrogacy: The Surrogacy (Regulation) Act permits only altruistic surrogacy, meaning the surrogate mother cannot receive any monetary compensation beyond medical expenses and insurance coverage.

Regulated Clinics: All surrogacy arrangements must be facilitated through clinics registered with the National ART and Surrogacy Board. Using a trusted surrogate mother agency can help intended parents navigate these requirements.

Legal Agreements: Surrogacy agreements must be legally binding and registered, ensuring the rights and responsibilities of all parties are clearly defined.

Challenges and Considerations

The stringent eligibility criteria have led to concerns about the accessibility of surrogacy in India. Some experts argue that these regulations might push individuals towards illegal surrogacy practices. Additionally, the surrogacy price may vary depending on the clinic, surrogate experience, and medical requirements, which intended parents should consider carefully.

Surrogacy Process

Role of Agencies in Surrogacy

Agencies play a crucial role in facilitating the surrogacy process, ensuring that all legal and medical requirements are met. They assist in matching intended parents with suitable surrogate mothers, provide psychological counseling, and ensure that all ethical guidelines are adhered to. Choosing a registered surrogate mother agency is essential to follow legal norms and ethical standards.

Conclusion

Surrogacy in India is governed by strict Surrogacy Laws to ensure ethical practices and the well-being of all parties involved. Understanding the eligibility criteria is essential for intended parents and surrogate mothers to navigate the surrogacy program successfully. Consulting with registered clinics and agencies, like Indian Egg Donors, ensures compliance with all legal, medical, and financial requirements, including the surrogacy price.

Ready to Begin Your Surrogacy Journey in India?

Take the first step with Indian Egg Donors. Connect with our trusted surrogate mother agency to understand the surrogacy process, navigate Surrogacy Laws, and find the right support for your family. Get personalized guidance on eligibility, legal requirements, and surrogacy price today!

Frequently Asked Questions:-

Q: Who can opt for surrogacy in India?

Ans : Only married Indian couples with medical infertility issues and no surviving child can opt for Surrogacy in India through a registered surrogacy program.

Q: What are the age limits for intended parents?

Ans : Women should be 21–39 years old and men 25–45years old to commission surrogacy in India, following the guidelines of Surrogacy Laws.

Q: Who can become a surrogate mother in India?

Ans : A married woman aged 21–39 with at least one biological child and good medical and psychological health can be matched through a certified surrogate mother agency.

Q: Is commercial surrogacy allowed in India?

Ans : No, only altruistic surrogacy is permitted; the surrogate can receive medical expenses, and the surrogacy price is regulated by law.

Q: Do surrogacy arrangements require legal agreements?

Ans : Yes, all surrogacy arrangements must be legally registered to protect the rights of all parties involved in the surrogacy process.

 

Dr. Pooja Patel
Physician – Chief Surrogacy Coordinator  pooja@surrogacy4all.com

Dr. Pooja Patel is a Chief Surrogacy Coordinator at Surrogacy4all. She has 10 years of experience in Anesthesiology and critical care medicine.

She received her medical degree from Seth GS Medical College and K.E.M Hospital in India. She then completed an internship. She finished her Anesthesia residency at Grant Govt Medical College and JJ Group of Hospitals in India.

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