Latest surrogacy laws in India

 

India’s latest surrogacy legislation, the Surrogacy (Regulation) Act of 2021, permits altruistic surrogacy for Indian couples, NRIs, and Overseas Citizen of India (OCI) cardholders who have medical reasons necessitating it. Introduced at the end of 2021, this new law lays out comprehensive rules and regulations governing surrogacy arrangements within the country.  In this guide, we will explore the Latest surrogacy laws in India and eligibility for doing surrogacy in India. 

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Its aim is to safeguard the interests of surrogates, intended parents, and children born via surrogacy while criminalizing commercial surrogacy and restricting eligibility criteria for surrogates and intended parents. In this article, we delve deeper into the Surrogacy (Regulation) Act of 2021, India’s most recent legal framework for surrogacy, detailing the legal provisions and costs involved for those considering this option.

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Latest surrogacy laws in India

Altruistic Surrogacy India

As of now, only altruistic surrogacy is allowed in India, which means you cannot pay to the surrogate mother financial compensation to carry the baby, however, can  give her out of pocket expense. 

The ban on commercial surrogacy under the new law seeks to curb the potential exploitation of women who may be lured into such arrangements for financial gain. It mandates that only altruistic surrogacy is permissible, wherein the surrogate mother carries the child solely to assist another individual or couple, without receiving monetary compensation beyond coverage for medical expenses and insurance. 

This stipulation ensures ethical and transparent surrogacy practices in India while prioritizing the well-being of all parties. Additionally, the law outlines several prerequisites that must be fulfilled before a couple or individual can pursue surrogacy, underscoring the importance of responsible and regulated surrogacy practices nationwide. 

 

Legal Requirements for Surrogacy in India as per Surrogacy (Regulation) Act, 2021

• The surrogacy law has established eligibility criteria for intended parents, including age limits, marital status requirements, and medical indications.
• The female partner must be between 23 and 50 years old, while the male partner must be between 26 and 55 years old.
• The couple must not have any biological children from a prior marriage.
• The female partner must have a documented medical condition that warrants surrogacy.
• The willing surrogate mother must be a married woman with at least one child of her own.
• Unmarried women between 35 and 45 years old who are divorced or widowed may also qualify as intended parents, provided they do not have a surviving child from a previous marriage.
• Single males and same-sex couples are prohibited from entering into surrogacy arrangements in India.

 

Consideration for Surrogate Mothers in India

Becoming a surrogate in India involves meeting a stringent set of requirements to ensure a successful outcome:

• The surrogate must genuinely wish to carry a child for another couple without any financial motive, as commercial surrogacy is strictly prohibited.
• She must be a married woman between the ages of 25 and 35 with at least one biological child.
• She must obtain medical and psychological fitness certificates confirming her suitability for surrogacy.
• Surrogacy is regulated, with each surrogate allowed only one attempt and intended parents restricted to a maximum of three surrogacy attempts.
• Only one embryo can be transferred during each attempt to ensure maximum safety for all involved parties.

 

Legal Requirements for Surrogacy in India as per Surrogacy (Regulation) Act, 2021 for Intended Parents

The new surrogacy laws in India mandates several legal requirements that intended parents and surrogates must adhere to:

• They must submit various documents, including proof of marriage, age certificates, and a certificate of essentiality for the surrogate, along with a medical indication obtained from the District board.
• The surrogate must also have a certificate of eligibility from the Board.
• Intended parents must provide compensation for the surrogate’s travel, clothing, medicines, tests, and check-ups, but are not allowed to offer any monetary payment.
• The surrogate must have insurance coverage for three years, and the intended parents must provide an affidavit or guarantee of her health.

 

Why Choose surrogacy in India with Complete Surrogacy:

Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience. 

• Getting a chance to work with fertility clinics/agencies that are elite and have proven track record with reference from existing IPs.  

• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc. 

• All transparent financial transactions with affordability. You make direct payment with no additional fee on top. 

• No hidden agent fee or surprise cost later on.  All fees paid directly as per the agreement signed with service provider. 

• Dedicated case manager to each IPs. 

• Honest, transparent and quick communications.

• Assistance in all legal matters pertaining to visa and taking baby home process.

• Local support with access to all medical reports of egg donors and surrogate mothers.

• Assistance in all logistics of frozen sperms/embryos shipments. 

• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.

 

Current Surrogacy Process in India

The basic steps involved in the surrogacy process are as follows:

1. Intended Parents’ eligibility: Intended parents must meet legal, medical, nationality, and age criteria.
2. Surrogacy Legal Documentation: The legal team guides clients through the new laws and processes, preparing affidavits, agreements, and other documents for approval by relevant authorities.
3. NOC and Court order: Clients need an essentiality certificate from the Appropriate Authority and the Board, followed by a court order.
4. Surrogate Verification: The surrogate undergoes verification by the Appropriate Authority and endometrial preparation for embryo transfer.
5. IVF Process: Once all documents are in place, the IVF process, surrogate preparation, and transfer date are planned.
6. Ante-natal Care: Regular communication about the pregnancy and surrogate care takes place throughout the nine months.
7. Coordinating Delivery: The clinic helps plan the delivery requirements, and at birth, the baby is handed over to the intended parents.
8. Closure of Surrogacy: Post one or two months after delivery, once the surrogate is healthy, she signs an NOC, providing closure for the program.

More Resources to Read:

Guaranteed Surrogacy in Georgia

How Does Gestational Surrogacy Work in Georgia? Step-by-step Guidance

Surrogacy Cost in Georgia

Surrogate Mother Cost in Georgia

Cost of surrogacy in India?

The total cost of surrogacy in India ranges from 20 to 25 lakh rupees, with variations depending on factors such as the state, IVF clinic, fertility experts, legal compliances, and services included in the surrogacy package. 

 

Costs for Surrogacy in India with a breakdown of services.

Surrogacy Cost Component	Typical Price Range	What’s Covered
IVF Treatment	1.5 – 2.5 lakh rupees per cycle (most couples need 2 cycles)	Includes medical procedures and medications for egg retrieval and fertilization
Surrogacy Fees	4 – 8 lakh rupees	Compensation to the surrogate mother
Agency/Clinic Fees	1 – 2.5 lakh rupees	Professional fees for surrogacy agency or fertility clinic handling arrangement
Legal Fees	50,000 – 100,000 rupees	Lawyer’s fees for drafting contracts between parties
Other Costs	1 – 2 lakh rupees	Cover additional expenses like medical insurance, embryo storage/shipment, screening tests
Legal approvals	4- 6 lakh rupee	The cost of legal approvals and compliance and NOCs before starting the medical procedure.

So, the total Surrogacy package cost in India is 20 – 25 lakh rupees.  Only Altruistic surrogacy is allowed in India.  

The clinic offers three surrogacy packages:

1. The basic package covers treatment with the intended parent’s own eggs and a single IVF cycle.
2. The advanced package includes an egg donor.
3. The guaranteed package includes multiple IVF cycles with the choice of self/donor eggs to increase the chances of success.

 

Conclusion

The introduction of the Surrogacy (Regulation) Act of 2021 marks a significant milestone in regulating the surrogacy industry in India, addressing potential ethical concerns and exploitative practices. 

 

The Act has instilled confidence in aspiring parents seeking surrogacy services by ensuring transparency, safety, and the fundamental rights of the surrogate mother and child. The continuous refinement of surrogacy regulations in India demonstrates the nation’s strong commitment to protecting all parties involved in the surrogacy process.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  Georgia Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

Our team has over 14 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families. 

For more resources on IVF and Surrogacy, browse our other web page- IVF Conceptions.

For more resources on IVF and Surrogacy, browse our other web page- Complete Surrogacy.

 

More reference:

https://www.aljazeera.com/features/2023/9/6/georgia-plans-to-ban-commercial-surrogacy

https://ge.usembassy.gov/message-for-u-s-citizens-new-law-banning-surrogacy-planned-in-georgia/

Frequently Asked Questions for Latest Surrogacy Rules in India

Can foreign couples pursue surrogacy in India? 

According to the Ministry of Home Affairs’ circular no. 25022/74/2011-F.1(Vol. III) dated November 3, 2015, Indian missions do not currently issue visas to foreign nationals, including Overseas Citizens of India (OCI) cardholders, for the purpose of commissioning surrogacy in India. At present, only Indian citizens are permitted to undertake surrogacy within the country.

What are the surrogacy regulations for OCI cardholders? 

As per the aforementioned MHA circular, Foreigners Regional Registration Offices (FRROs) and Foreigners Registration Offices (FROs) are not authorized to grant permission to OCI cardholders to commission surrogacy in India. Additionally, these offices do not provide exit permission for babies born through surrogacy to foreign nationals, including OCI cardholders. However, for cases where surrogacy was already commissioned before the circular’s issuance, exit permissions may be granted on a case-by-case basis by FRROs/FROs.

Is surrogacy allowed for Non-Resident Indians (NRIs) in India? 

Yes, NRIs who hold Indian passports are eligible to pursue surrogacy in India. However, if they hold an Overseas Citizenship of India (OCI) or Persons of Indian Origin (PIO) status, it is advisable to consult a case manager to discuss their specific situation.

Can OCI cardholders access surrogacy services in India? 

Yes, OCI cardholders can avail surrogacy services in India. They are permitted to come to India for commissioning surrogacy without requiring a separate medical visa. However, they must obtain special permission from the concerned Foreigners Regional Registration Office (FRRO) before proceeding with the surrogacy process. It is crucial to verify eligibility as per the new surrogacy regulation bill dated December 2021.

Are NRIs eligible for surrogacy in India? 

Yes, NRIs (Non-Resident Indians) can opt for surrogacy in India. The rules and regulations governing surrogacy for NRIs are similar to those applicable to OCI cardholders.

Who is ineligible for surrogacy in India? 

Under the current regulations, foreign nationals who are neither OCI cardholders nor NRIs may not be eligible for surrogacy in India. Additionally, even for Indian citizens, OCI cardholders, and NRIs, certain eligibility criteria must be met, such as being in a sustained marital relationship.

Is surrogacy legal for Indian citizens in India? 

Yes, surrogacy is legal in India for Indian citizens. However, the Indian government has implemented stricter regulations over the years to prevent commercial surrogacy and safeguard the rights of surrogate mothers. As of September 2021, Indian citizens can still opt for surrogacy in India, provided they comply with the prevailing legal guidelines and meet the specified circumstances.

Can Indian parents pursue surrogacy in India? 

Surrogacy for Indian parents is possible in India, but each case is evaluated individually. It is advisable to consult with surrogacy experts to discuss your specific situation and eligibility.

What is cost of surrogacy in India?

The cost of surrogacy in India varies depending upon the location, fertility clinics, and number of services needed.  However, the typical surrogacy cost in India is in the range of $20 lacs to 30 Lacs INR. 

What is surrogate mother cost in India?

Only altruistic surrogacy is allowed in India, but surrogate mother in India can get reimbursement of the actual medical expenses.