Legal Process for Surrogacy in India: A Detailed Guide for Intended Parents

Surrogacy is a growing option for individuals and couples struggling with infertility in India. However, navigating the legal landscape can be complex. Many intended parents do ask about the legal procedure for surrogacy in India as the current surrogacy rules in India are confusing and overwhelming to the intended parents. 

In this guide, we will walk you through the legal process for surrogacy in India, covering the latest regulations, eligibility criteria, and the associated costs.

 

Get in touch for FREE SURROGACY CONSULTING:

Mobile: +91-8800481100 ( WhatsApp, Line, Viber)

Email: neelam@ivfconceptions.com

📮  www.ivfconceptions.com

 

 

Why Choose us for your smooth and successful surrogacy journey!!

• 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.

 

More Resources to Read:

Cost of Surrogacy in USA: What to Expect

Who Can Become Surrogate Mother: Requirements And Info

Surrogate Mother Cost for Twins: What to Expect

Average Cost for Surrogacy: Detailed Breakdown

 

Is Surrogacy Legal in India?

Surrogacy in India is legal under specific conditions. The Indian government has implemented laws to regulate surrogacy practices and ensure the protection of all parties involved, including the surrogate mother, intended parents, and the child.

THE SURROGACY (REGULATION) ACT, 2021

 

• Altruistic Surrogacy only (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. A genetic link is a must. 
• Married Indian female (25 to 50 years) and male (26 to 55 years).
• Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
• Couple have not had any healthy surviving child biologically or by adoption.
• Have to have Medical indication necessitating gestation surrogacy.
• To obtain a certificate of essentiality from The Appropriate Authority.
• To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
• Parentage Order passed by First class Magistrate.
• Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
• 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.

 

Surrogacy Laws in India: An Overview

India’s surrogacy laws have evolved over time to address concerns about commercial exploitation and ethical practices. The Surrogacy (Regulation) Act 2021 is the latest legislation, which outlines the legal framework surrounding surrogacy.

Is Commercial Surrogacy Allowed in India?

Commercial surrogacy, where a surrogate is paid beyond medical expenses, was banned in India in 2015. However, the new Surrogacy Act (2021) reinforces this ban while promoting altruistic surrogacy.

What is Altruistic Surrogacy in India?

Altruistic surrogacy is when the surrogate mother carries a child for intended parents without seeking financial compensation other than medical expenses and insurance. This type of surrogacy is now the only legal form in India under the current laws.

 

Who Can Opt for Surrogacy in India?

Surrogacy in India is limited to Indian citizens and couples. The eligibility criteria under the Surrogacy Act 2021 include the following:

• Indian Citizens: Only Indian citizens are eligible for surrogacy in India.
• Married Couples: A married couple, with at least five years of marriage, can opt for surrogacy.
• Single Women: Single women, including widows and divorcees, can also pursue surrogacy in India.
• Age Limit: The woman intending to be a surrogate must be between the ages of 25 to 35 years.

 

Surrogacy Eligibility in India: Key Criteria

The eligibility for surrogacy under the Surrogacy Act 2021 involves several factors:

• Medical and Psychological Evaluation: The intended parents and the surrogate mother must undergo medical and psychological evaluations to ensure suitability.
• No Criminal Record: Both the intended parents and surrogate mother should not have a criminal background.
• Health Requirements: The surrogate mother must have a healthy medical history, and she must have had at least one child of her own.

 

Surrogacy Process Step by Step in India- Legal Process for Surrogacy in India

 

The surrogacy process in India involves several legal, medical, and administrative steps. With the introduction of the Surrogacy (Regulation) Act 2021, the entire process is strictly regulated to protect all parties involved. 

Below is a step-by-step guide to the surrogacy process in India, with a focus on the necessary legal documentation and compliance.

 

Step 1: Initial Consultation and Choosing a Surrogacy Agency

The first step in the surrogacy journey is finding a reputable fertility clinic or surrogacy agency. This is where you’ll get detailed information on the legal, medical, and emotional aspects of the surrogacy process.

Key Points:

• Choosing a Reputable Clinic or Agency: It is essential to select a clinic or agency that follows the Surrogacy (Regulation) Act 2021, which governs all surrogacy arrangements in India.
• Legal Consultation: Consult with a legal expert specializing in surrogacy laws in India to understand your rights, responsibilities, and obligations under Indian law.

 

Step 2: Screening and Medical Evaluation

Before proceeding with surrogacy, both the intended parents and the surrogate must undergo medical screenings. This helps to ensure that the surrogacy process is physically viable for both parties.

Legal Considerations:

• Surrogate Mother Screening: The surrogate must be between 25-35 years old, married, and already have at least one child of her own. She must also be in good health, and undergo tests to screen for infectious diseases and other medical conditions.
• Intended Parents Screening: The intended parents should undergo fertility evaluations to determine their eligibility for surrogacy.

Documentation:

• Medical Reports: Comprehensive medical evaluations for both the surrogate and intended parents, including fertility tests and health checks, are mandatory. These documents are often required to apply for approval from the appropriate authorities.
• Surrogate Consent: The surrogate must sign a consent form acknowledging her willingness to carry the child for another family. The consent must be given voluntarily, without any coercion.

 

Step 3: Legal Documentation and Agreement

After the medical evaluation, the next step is to establish the legal framework for the surrogacy. This involves the creation of a surrogacy agreement between the intended parents and the surrogate mother. This is a crucial step to ensure that all parties understand their roles, responsibilities, and expectations.

 

The documents needed to do surrogacy:

• Approval for availing surrogacy from the state ART board have to be produced.
• Certificate of eligibility of intending couple or woman,
• Certificate of eligibility of surrogate mother, 
• Certificate of essentiality,

 

Legal Considerations:

• Surrogacy (Regulation) Act 2021 Compliance: Under the Surrogacy (Regulation) Act, a surrogacy agreement must be executed, outlining the rights and duties of all parties involved. This includes details regarding compensation, the child’s legal parentage, and post-birth responsibilities.
• Altruistic vs. Commercial Surrogacy: Commercial surrogacy is banned in India. Only altruistic surrogacy is legal under the 2021 Act. Altruistic surrogacy means the surrogate mother receives only medical expenses and insurance coverage, not a fee for carrying the child.

Documents Required:

1. Surrogacy Agreement: This formal agreement must include:
   1. The details of the intended parents and the surrogate mother.
   2. The terms of compensation (only medical expenses and insurance).
   3. Conditions related to pregnancy and birth.
   4. Legal parentage rights and the future custody of the child.
2. Identity Proof: Identity and address proof of the intended parents and the surrogate.
3. Marital Status Certificate: Intended parents must provide a valid marriage certificate if applicable, or evidence of a long-term relationship.
4. Surrogate Consent Form: A signed document confirming the surrogate’s voluntary participation in the surrogacy process.

 

Step 4: Embryo Creation and Implantation

Once the legal agreements are in place, the next step is embryo creation, usually through IVF (in vitro fertilization), and the implantation of the embryo into the surrogate’s uterus.

Legal Considerations:

• Use of Gametes: The intended parents must use their own eggs and sperm. The Surrogacy (Regulation) Act prohibits the use of donor eggs or sperm, ensuring that the child has a biological connection to the intended parents.
• Embryo Transfer: After the embryo is created, it is implanted into the surrogate mother’s uterus. The procedure is done under the supervision of medical professionals, and the surrogate is closely monitored for any complications.

Documents Required:

• Embryo Transfer Consent Form: A document that outlines the procedure of embryo creation and transfer, signed by both the intended parents and the surrogate mother.
• Medical Records: Copies of the IVF procedures, including the creation and transfer of embryos, as part of the legal documentation for parentage.

 

Step 5: Pregnancy Monitoring

Once the embryo transfer is successful, the surrogate must undergo regular medical checkups to ensure the pregnancy progresses smoothly.

Legal Considerations:

• Medical Reports: All medical checkups and reports must be documented and kept as part of the surrogacy process. These will be required later for establishing the parentage of the child.
• Legal Rights During Pregnancy: The surrogate is legally entitled to medical care and support during the pregnancy, which must be covered by the intended parents.

Documents Required:

• Pregnancy Confirmation: Regular ultrasound reports, blood tests, and doctor’s notes confirming the progress of the pregnancy.
• Insurance Coverage: The surrogate must have medical insurance coverage for the duration of the pregnancy, which is the responsibility of the intended parents.

 

Step 6: Birth and Parentage Documentation

The final and most crucial step is the birth of the baby. Once the baby is born, the legal documentation related to parentage and citizenship must be handled to ensure the intended parents are legally recognized as the parents of the child.

Legal Considerations:

• Parentage Rights: Under the Surrogacy (Regulation) Act 2021, intended parents are automatically the legal parents of the child. A birth certificate with the intended parents’ names will be issued, and the surrogate mother will have no legal rights over the child once born.
• Citizenship: For international intended parents, additional documentation will be required to ensure the child’s citizenship and immigration status.

Documents Required:

1. Birth Certificate: The birth certificate will list the intended parents as the legal parents. This is crucial for establishing parentage.
2. Surrogacy Completion Certificate: A certificate from the fertility clinic confirming that the surrogacy process has been completed according to the legal agreement.
3. Parental Rights Documentation: Intended parents may need to submit additional documents to ensure their legal parental rights, especially if they are non-resident Indians (NRIs) or foreign nationals.

Step 7: Post-Birth Legal Formalities

After the birth of the baby, there are several post-birth legal procedures that need to be completed to formalize the parentage of the child.

Legal Considerations:

• Post-Birth Documentation: The intended parents must submit the required documentation to claim their parental rights legally. This includes the birth certificate, medical records, and proof of the surrogacy agreement.
• Surrogate’s Legal Status: The surrogate mother will have no further legal ties to the child after birth. A release form must be signed by the surrogate, acknowledging that she has relinquished all parental rights to the intended parents.

Documents Required:

• Release of Parental Rights: A signed document from the surrogate mother confirming she has no legal claim to the child after birth.
• Parental Rights Affirmation: A legal document affirming the intended parents as the legal parents of the child.

 

Additional Resources to Read:

Choosing the Best Surrogacy Agency in Georgia Country

The Complete Guide to Surrogacy Cost Without Agency

13 Crucial Factors for Choosing the Right Surrogacy Agency for You

Why Ukraine Surrogacy Agency?

 

Conclusion

Legal Process for Surrogacy in India  can be smooth and straightforward with the right surrogacy agency or surrogacy clinic in India. 

Surrogacy in India is a well-regulated process, with legal documentation playing a critical role in ensuring that all parties involved—intended parents, surrogate mother, and the child—are protected and their rights upheld. Following the Surrogacy (Regulation) Act 2021 ensures that surrogacy is ethical, and legally compliant, and that the child’s future is safeguarded.

Intended parents must be aware of all the legal requirements, including medical evaluations, consent forms, and the surrogacy agreement. By maintaining a thorough understanding of the legal process and ensuring all required documentation is completed, you can ensure a smooth and legally sound surrogacy journey in India.

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.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  Ukraine 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.

Get in touch for FREE SURROGACY CONSULTING:

Mobile: +91-8800481100 ( WhatsApp, Line, Viber)

Email: neelam@ivfconceptions.com

📮  www.ivfconceptions.com

 

 

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: 

 

FAQs for Legal Process for Surrogacy in India

1. Is surrogacy legal in India?

Yes, surrogacy is legal in India, but only altruistic surrogacy is allowed. Commercial surrogacy has been banned since 2015.

2. Can single men go for surrogacy in India?

No, the Surrogacy Act 2021 restricts surrogacy to married couples and single women only.

3. What is altruistic surrogacy?

Altruistic surrogacy is when a woman carries a child for another person or couple without receiving financial compensation other than medical expenses and insurance.

4. What is the cost of surrogacy in India?

The cost of surrogacy in India can range from ₹20L to 30L, depending on the clinic, location, and specific requirements.

5. What are the eligibility criteria for surrogacy in India?

Eligibility criteria include being an Indian citizen, being married, and meeting the age requirements (25 to 35 years for the surrogate mother).