Surrogacy has been a beacon of hope for many couples struggling with infertility. However, with the increasing popularity of assisted reproductive techniques, it has become crucial to have legal guidelines in place to ensure ethical practices. The Surrogacy Law in India has evolved significantly to protect the rights of both intended parents and surrogates while maintaining transparency in the process.
If you are considering surrogacy in India, it is essential to understand the legal framework governing it. This guide will provide a detailed insight into Surrogacy Law in India and how Select IVF can assist you in navigating this journey.
Understanding Surrogacy in India
Surrogacy is a process where a woman (the surrogate) carries and delivers a baby for intended parents. It is a viable option for couples who cannot conceive naturally due to medical conditions such as:
✅ Uterine abnormalities
✅ Multiple miscarriages
✅ Unsuccessful IVF cycles
✅ Health risks that make pregnancy unsafe
India has long been a hub for surrogacy due to its advanced medical infrastructure and relatively lower costs. However, due to concerns about unethical practices and the exploitation of surrogates, the Indian government has implemented strict regulations to govern surrogacy services.
Surrogacy Law in India: Key Provisions
The Surrogacy (Regulation) Act, 2021, introduced by the Government of India, provides clear legal guidelines for surrogacy in the country. Here are the key provisions of the law:
1. Only Altruistic Surrogacy Allowed
Under the new law, only altruistic surrogacy is permitted. This means the surrogate mother cannot be compensated beyond medical expenses and insurance coverage. Commercial surrogacy, where surrogates are paid for carrying a child, is strictly prohibited.
2. Who Can Opt for Surrogacy?
The law specifies that surrogacy is only available to Indian heterosexual married couples who:
- Have been legally married for at least five years.
- Have a medical certificate proving their infertility.
- Are between the ages of 23 to 50 years for the wife and 26 to 55 years for the husband.
Single parents, live-in partners, and foreign nationals are not eligible for surrogacy in India under the current law.
3. Who Can Become a Surrogate?
A woman can only become a surrogate if she:
- Is a close relative of the intended parents.
- Is married and has at least one biological child.
- Is between 25 to 35 years old.
- Has not been a surrogate more than once in her lifetime.
- Undergoes necessary medical and psychological evaluations.
4. Legal Safeguards for Surrogates and Intended Parents
The law ensures that:
- Surrogates cannot be forced into the arrangement.
- The child born through surrogacy will be the legal child of the intended parents.
- A surrogacy agreement must be signed before the process begins.
- Proper medical and insurance coverage must be provided to the surrogate.
5. National and State Surrogacy Boards
The Act mandates the formation of a National Surrogacy Board and State Surrogacy Boards to regulate and oversee surrogacy procedures in India. These bodies ensure that all fertility clinics comply with the legal framework and ethical guidelines.
For more details and expert assistance, contact:
- Contact Us: +91–8447592299
- Email Us: info@selectivf.com
Why Was the Surrogacy Law in India Implemented?
India was previously a popular destination for commercial surrogacy, attracting couples from around the world. However, the absence of strict regulations led to:
🚫 Exploitation of poor women as surrogates.
🚫 Lack of legal protection for intended parents.
🚫 Ethical concerns about child welfare.
To prevent misuse and safeguard the rights of all involved, the Indian government introduced the Surrogacy (Regulation) Act, 2021, ensuring a more controlled and ethical surrogacy process.
How Select IVF Can Help You
Navigating the legal landscape of surrogacy in India can be complex, but Select IVF ensures a smooth and transparent process for intended parents. Their expert team provides:
✔ Guidance on legal documentation and eligibility criteria.
✔ Access to a network of approved surrogates who meet legal requirements.
✔ Comprehensive medical screening for both surrogates and intended parents.
✔ Ethical and transparent surrogacy procedures in compliance with Indian laws.
✔ Personalized care throughout the journey, ensuring emotional and medical support.
Challenges and Criticism of the Surrogacy Law in India
While the Surrogacy Law in India aims to protect all parties, some challenges remain:
⚠️ Restricted Access: Many intended parents, including single individuals and LGBTQ+ couples, are excluded from surrogacy.
⚠️ Altruistic Model Issues: Finding a close relative willing to be a surrogate can be difficult.
⚠️ Concerns Over Medical Costs: Since surrogates are not paid beyond medical expenses, it may discourage many women from participating.
⚠️ Legal Complexity: The requirement for legal approvals and multiple screenings can make the process time-consuming.
Despite these challenges, surrogacy remains a lifeline for many couples struggling with infertility, and services like Select IVF ensure a legally sound and ethical approach to parenthood.
Conclusion: Is Surrogacy in India Right for You?
Understanding the Surrogacy Law in India is crucial for couples considering this path to parenthood. While the legal framework has made surrogacy more ethical and regulated, it has also introduced certain restrictions that intended parents must navigate.
If you meet the eligibility criteria and need expert guidance, Select IVF can help you through every step of the process. From legal support to medical care, their team ensures that your surrogacy journey is smooth and stress-free.
For personalized assistance, contact:
- Contact Us: +91–8447592299
- Email Us: info@selectivf.com
Embark on your parenthood journey with confidence, knowing you are in safe and experienced hands!
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