Surrogacy in India: Understanding the Legal Aspects

Surrogacy in India: Understanding the Legal Aspects

In the past, a couple of years back, India emerged as a popular destination for intended parents seeking surrogacy services due to its well-established medical infrastructure and relatively lower costs. However, the legal status changed when INdia stopped foreign surrogacy and in late 2021, they introduced a new “Surrogacy Regulation Bill”  which makes it it is hard to do surrogacy in India until you fulfill all legal compliance and eligibility criteria. So, now, navigating the legal landscape surrounding surrogacy in the country is crucial to ensure a smooth and successful journey within the latest surrogacy laws, that is altruistic surrogacy only. 

 

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Surrogacy in India has undergone significant legal reforms in recent years, aimed at regulating the practice and protecting the rights of all parties involved. Understanding the evolving legal framework is vital for intended parents, surrogate mothers, and healthcare professionals to make informed decisions and comply with the relevant laws and regulations.

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In this blog post, we will delve into the legal aspects of surrogacy in India, covering topics such as eligibility criteria, surrogate mother’s rights, legal parentage, and the role of surrogacy clinics and agencies. By gaining a comprehensive understanding of the legal landscape, intended parents can approach their surrogacy journey with confidence and peace of mind.

Whether you are at the beginning of your surrogacy journey or navigating through the legal complexities, this blog post will serve as a valuable resource to guide you through the process in India.

 

Key Takeaways for surrogacy in India:

• India has a well-defined legal framework regulating surrogacy practices, with the Surrogacy (Regulation) Act, of 2021 serving as the primary legislation.
• Only altruistic surrogacy is permitted, where the surrogate mother cannot receive monetary compensation beyond reimbursement of medical expenses and insurance coverage.
• Budgeting and financial planning are crucial aspects of the surrogacy journey, and intended parents should carefully consider all potential expenses.
• Finding a suitable surrogate mother involves exploring options such as surrogacy agencies, fertility clinics, or personal connections while conducting thorough background checks and interviews.

Surrogacy in India: An Overview

India has a well-established legal framework governing surrogacy practices within the country. It is essential for intended parents and surrogate mothers to understand the regulations and guidelines set by the Indian government to ensure a smooth and compliant surrogacy journey.

Legal Framework

The primary legislation regulating surrogacy in India is the Surrogacy (Regulation) Act, 2021. This act aims to provide a comprehensive set of rules and guidelines for various aspects of surrogacy arrangements.

Key Aspects	Regulations
Eligibility Criteria	– Intended parents must be Indian citizens and married – Must have a medical condition preventing pregnancy – Age limit: 23-50 years (female), 26-55 years (male) – Not having an existing baby IF not Indian, OCI status is must
Surrogate Mother’s Rights	– Must be a close relative of the intended parents – Cannot have her own child – Must be between 25-35 years old – Can only be a surrogate once in her lifetime
Surrogacy Arrangements	Only altruistic surrogacy is permitted, commercial surrogacy is prohibited
Legal Parentage	Intended parents are recognized as the legal parents from the moment of birth

Types of Surrogacy Arrangements

Under the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is permitted in India. This means that the surrogate mother cannot receive any monetary compensation beyond the reimbursement of medical expenses and insurance coverage.

• Altruistic Surrogacy:
  • The surrogate mother is a close relative of the intended parents, such as a sister or sister-in-law.
  • No financial compensation is involved, except for reimbursement of medical expenses and insurance coverage.
  • The surrogate mother’s decision to carry the pregnancy must be voluntary and without any coercion.

Commercial surrogacy arrangements, where the surrogate mother receives monetary compensation beyond medical expenses, are strictly prohibited in India.

It is crucial for intended parents and surrogate mothers to strictly adhere to the legal guidelines and regulations set forth by the Indian government. Failure to comply with the laws can result in legal consequences and potential complications during the surrogacy process.

Cost of a Surrogate Mother in India

While surrogacy in India is generally more affordable compared to many other countries, it is essential to understand the various expenses involved in the process. Proper budgeting and financial planning can help ensure a smooth surrogacy journey.

Breakdown of Expenses

The total cost of surrogacy in India is in the range of 20 Lakhs INR to 30 Lakhs INR, and vary depending on several factors, such as the chosen surrogacy arrangement, medical procedures, legal fees, and additional services. Here’s a breakdown of the typical expenses:

Surrogacy Expense in India	Surrogacy Cost Range  in India (INR)
Surrogate Mother’s Medical Expenses	2,00,000 – 4,00,000
IVF and Embryo Transfer	2,50,000 – 4,00,000
Legal Fees	1,00,000 – 2,00,000
Surrogacy Agency Fees	2,00,000 – 4,00,000
Travel and Accommodation	Varies
Insurance and Other Miscellaneous Expenses	50,000 – 1,00,000

Note: The cost ranges mentioned above are approximate and can vary depending on the specific clinic, agency, and location.

Cost Comparison: Traditional vs. Gestational Surrogacy

In India, both traditional and gestational surrogacy arrangements are permitted, and the costs can differ between the two:

• Traditional Surrogacy: In this method, the surrogate mother’s own egg is used for fertilization. The costs are generally lower as it does not involve an egg donor.
• Gestational Surrogacy: This method involves using an egg donor, and the surrogate mother has no genetic link to the child. The costs are typically higher due to the involvement of an egg donor and additional medical procedures.

Budgeting and Financial Planning

To ensure a smooth financial experience during the surrogacy process, it is recommended to:

• Work with a reputable surrogacy agency or clinic that can provide a detailed cost breakdown and payment schedule.
• Create a comprehensive budget that accounts for all potential expenses, including contingencies.
• Explore financing options, such as personal loans or healthcare financing, if needed.
• Consider purchasing a comprehensive insurance plan to cover unexpected medical expenses.

By carefully budgeting and planning for the financial aspects of surrogacy, intended parents can focus on the emotional and practical aspects of their journey with peace of mind.

How to Find a Surrogate Mother in India

Finding a suitable surrogate mother is a crucial step in the surrogacy process. In India, there are several options available to intended parents, each with its own advantages and considerations.

Options for Finding a Surrogate Mother

• Surrogacy Agencies: Reputable surrogacy agencies in India can assist in matching intended parents with potential surrogate mothers. These agencies typically have a pool of pre-screened candidates and can facilitate the entire process.
• Fertility Clinics: Many fertility clinics in India offer surrogacy services, including matching intended parents with surrogate mothers from their network.
• Personal Connections: In some cases, intended parents may have a close relative willing to act as a surrogate mother, as per the legal requirements in India.

Choosing a Reputable Agency in India or Surrogacy Clinic in India

When selecting a surrogacy agency or fertility clinic, it is essential to conduct thorough research and due diligence. Look for the following factors:

• Accreditations and certifications from relevant authorities
• Experienced and qualified medical professionals
• Transparent pricing and clear legal processes
• Positive reviews and testimonials from previous clients

Conducting Background Checks and Interviews

Once potential surrogate mothers have been identified, it is crucial to conduct comprehensive background checks and interviews to ensure compatibility and suitability. This may include:

• Verifying medical history and past pregnancy records
• Assessing emotional and psychological readiness through counseling sessions
• Conducting criminal background checks and reference checks
• Discussing expectations, responsibilities, and legal obligations

By following a systematic approach and working with reputable professionals, intended parents can increase their chances of finding a suitable and reliable surrogate mother in India.

Is surrogacy in India legal?

THE SURROGACY (REGULATION) ACT, 2021

A lot of regulations were introduced, impacting many aspects of surrogacy. A glimpse of few of the regulations is marked here below.

Important clauses redefining surrogacy are highlighted below.

• Has to be Gestational Surrogacy (the surrogate mother is not genetically linked to the child).
• Altruistic Surrogacy (no direct financial benefit to the surrogate mother)
• Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
• Single woman (divorced or widowed), between the age of 35 to 45 years. The genetic link is a must.
• Married Indian female (25 to 50 years) and male (26 to 55 years).
• Couple of Indian origin.
• The couple has not had any healthy surviving child biologically or by adoption.
• Insurance for 36 months, for the Surrogate mother for illness or death.
• Have to have Medical indication necessitating gestation surrogacy.
• No sex selection.
• To obtain a certificate of essentiality from The Appropriate Authority.
• To obtain a certificate of medical indication necessitating gestation surrogacy from the District Medical Board.
• Parentage Order passed by First Class Magistrate.
• Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
• The surrogate mother should be between 25 to 35 years.
• The surrogate mother will act as Surrogate only once in her lifetime.
• Medical and psychological fitness for Surrogate mother.

Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met. 

What are the approval needed to meet the legal compliance of altruistic surrogacy in India?

There are 6 approvals altogether. It takes end to end 12-15 weeks for embryo transfer to be done to the surrogate, provided we start today.

List of permissions:

1. IP eligibility
2. IP Certificate of Medical Indication
3. SM Eligibility
4. Court Parental Order
5. Essentiality
6. Clinic NOC

Then creation of embryos via IVF with self eggs or donor eggs, and then embryo transfer is done. 

 

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

 

Conclusion

Pursuing surrogacy in India can be a fulfilling journey for intended parents seeking to start or expand their families. However, navigating the legal landscape and understanding the intricacies of surrogacy laws in the country is crucial for a successful and compliant experience.

Throughout this blog post, we have explored the legal framework surrounding surrogacy in India, including the eligibility criteria, surrogate mother’s rights, and the types of surrogacy arrangements permitted. 

We have also delved into the financial aspects, providing insights into the costs involved and tips for budgeting and planning. Additionally, we have discussed the options available for finding a suitable surrogate mother in India and the importance of conducting thorough background checks and interviews.

As you embark on your surrogacy journey in India, it is essential to seek professional advice and support from reputable surrogacy agencies, legal experts, and medical professionals. Their guidance can help ensure that you navigate the process smoothly while prioritizing the well-being and rights of all parties involved, including the surrogate mother and the intended child.

I hope you are aware that surrogacy in India is not straightforward now and as per the new surrogacy regulations bill, there have been some eligibility criteria that need to be fulfilled and also you need to have approval from the surrogacy board in your state.  

 

To confirm all this, can you give below detail​ to see if we can assist you with surrogacy in India legally?

•       Female Partner Age:
•       Male Partners Age:
•       Citizenship: 
•       Marital status: 
•       Any child?:
•       Medical reason for surrogacy:
•       Self or donor cycle: Self-eggs
•       Present location:

 

If you will not be eligible for surrogacy in India, we can offer other countries as well.​ We are happy to set up a consultation call to discuss your options and further assistance if needed. 

Why Choose US – Why work with our agency for surrogacy services in India: 

1. We were in many ways the first Surrogacy provider since 2007.
2. We take pride that we had 100% clearance with our 720+ babies born for international couples.
3. Today, the court and lawyer involvement has increased, so has the clinic responsibilities.
4. Presently we believe we are the only clinic in India, who is assisting their couples at all levels including the Certificate clearances, Legal documentation, and Court order, unlike other clinics, where they are referring to respective people.
5. The costs that have increased are primarily towards the legal and government charges and due to multiple legal compliances and approvals, the overall cost of surrogacy has gone up.
6. By keeping all the services under one roof ( legal, medical, admins, evaluations, approvals) we save your time and money and make your surrogacy journey a hassle-free experience.  (not need to come in person).

Remember, surrogacy is a complex and emotional journey, and it is crucial to approach it with empathy, respect, and a deep understanding of the legal and ethical considerations. By maintaining open communication, fostering trust, and adhering to the laws and regulations, you can increase your chances of a successful and fulfilling surrogacy experience in India.

 

Additional guide for surrogacy in India:

 

Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed

Latest Surrogacy Law in India- Surrogacy (Regulation) Act, 2021

Is Surrogacy for NRI in India Allowed?

Is Surrogacy Legal In India?

How to Find Surrogate Mothers in India

How Much Does Surrogacy Cost In India ( in 2023)?

Legal Issues Related To Surrogacy In India

 

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.