What You Need to Know About Surrogacy Laws in India

Surrogacy Laws in India

Surrogacy has become a significant avenue for parenthood in India, especially for couples facing infertility challenges. Understanding Surrogacy Laws in India is essential before beginning any surrogacy program, as the legal landscape has evolved to protect the rights of all parties involved. Here’s an overview of the current Surrogacy Laws in India and key aspects of Surrogacy in India.

Legal Framework: The Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021, came into effect in January 2022, marking a pivotal shift in India’s Surrogacy in India. Key provisions include:

Altruistic Surrogacy Only: Commercial surrogacy is prohibited. Surrogates cannot receive payment beyond medical expenses and insurance, which affects the overall surrogacy price.

Eligibility Criteria:

Intended Parents: Must be Indian citizens, married for at least five years, and facing medical infertility.

Surrogate Mothers: Must be 25–35 years old, married, and a close relative of the intended parents.

Regulatory Oversight: The National Surrogacy Board ensures compliance with the Surrogacy Laws in India, overseeing disputes and monitoring the surrogacy program.

Eligibility for Surrogacy

To undergo Surrogacy in India, individuals must meet specific criteria:

Intended Parents:

Age: Women aged 21-45 years; men aged 26–55 years.

Marital Status: Must be legally married.

Medical Condition: Must have a condition necessitating surrogacy.

Surrogate Mothers:

Age: Between 21-39 years.

Marital Status: Must be married and have at least one child.

Relationship: Must be a close relative of the intended parents.

These strict guidelines help maintain ethical practices in Surrogacy in India and prevent exploitation, ensuring a fair surrogacy price for intended parents and surrogates.

Role of Agencies in Surrogacy

A reputable surrogate mother agency plays a vital role in guiding intended parents through the surrogacy process. Agencies like Indian Egg Donors provide comprehensive services, including:

Egg Donation: Offering screened and matched egg donors.

Surrogacy Services: Helping find a surrogate and managing the surrogacy process.

Legal and Medical Support: Guiding intended parents through legal documentation and medical procedures involved in the surrogacy program.

These agencies ensure that the surrogacy process is ethical, transparent, and in full compliance with Indian law.

International Considerations

While Surrogacy in India is legal under specific conditions, international intended parents face restrictions:

Eligibility: Only Indian citizens are permitted to engage in surrogacy within India.

Documentation: Intended parents must obtain the essentiality and eligibility certificates before proceeding.

Surrogacy in India

International couples often work with a trusted surrogate mother agency like Indian Egg Donors to navigate the legal complexities and understand the surrogacy price and procedural requirements.

Ethical Considerations and Challenges

The surrogacy industry in India has faced ethical scrutiny:

Exploitation Risks: Concerns about the exploitation of surrogate mothers led to stricter Surrogacy Laws in India.

Underground Practices: Strict laws have sometimes pushed surrogacy underground, making regulation more difficult.

Reputable surrogate mother agencies like Indian Egg Donors are committed to upholding ethical standards, ensuring all aspects of the surrogacy process are conducted safely and legally.

Conclusion

Surrogacy in India offers a valuable pathway to parenthood, but it’s essential to understand the Surrogacy Laws in India and navigate the surrogacy program carefully. Engaging with a professional surrogate mother agency, such as Indian Egg Donors, can help intended parents manage the legal, medical, and procedural steps efficiently while understanding the surrogacy price involved.

Begin Your Surrogacy Journey Today

Work with Indian Egg Donors to navigate the surrogacy process safely, understand the surrogacy price, and comply with Surrogacy Laws in India.

Frequently Asked Questions:- 

Q: What is the Surrogacy (Regulation) Act, 2021?

Ans : It is India’s law regulating Surrogacy Laws in India, allowing only altruistic surrogacy and protecting the rights of all parties involved in the surrogacy program.

Q: Who can be a surrogate mother in India?

Ans : A surrogate mother agency ensures that a surrogate must be 25–35 years old, married, have at least one child, and be a close relative of the intended parents, following all Surrogacy in India rules.

Q: Can foreign couples opt for surrogacy in India?

Ans : No, Surrogacy in India is allowed only for Indian citizens. International couples must also consider the legal surrogacy price and documentation.

Q: What role do agencies like Indian Egg Donors play?

Ans : Agencies help find surrogates and egg donors, manage the legal and medical surrogacy process, and ensure ethical compliance throughout the surrogacy program.

Q: Is commercial surrogacy allowed in India?

Ans : No, only altruistic surrogacy is permitted; surrogates receive medical expenses and insurance but no payment, as per Surrogacy Laws in India and the standard surrogacy price.

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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