Overview: Surrogacy Law in India
India's surrogacy laws underwent a landmark transformation with the Surrogacy (Regulation) Act 2021, which came into force on January 25, 2022. This law established strict guidelines to protect surrogates, intended parents, and children born through surrogacy.
Key Provisions of the Surrogacy (Regulation) Act 2021
Only Altruistic Surrogacy is Permitted
The Act bans commercial surrogacy where a surrogate receives monetary compensation beyond medical expenses and insurance. Only altruistic surrogacy is legal, where a close relative voluntarily agrees to carry the pregnancy without financial reward beyond reasonable medical expenses.
Who Can Be an Intended Parent?
Eligibility requires: Indian married couples where the wife is between 23-50 years and the husband is between 26-55 years, legally married for at least 5 years, with proven medical indication for surrogacy. A widow or divorcee between 35-45 years is also eligible. Foreign nationals and NRIs are currently not permitted.
Who Can Be a Surrogate?
The surrogate must be a close relative of the intending couple, a married woman between 25-35 years with at least one child of her own, can act as surrogate only once in her lifetime, have no medical contraindications, and give informed written consent without coercion.
Required Documentation
The documentation process involves: Certificate of Essentiality from the State or National Board; Certificate of Eligibility for intended parents and surrogate; medical fitness certificates for all parties; a legal surrogacy agreement drafted and registered before a notary; insurance policy for the surrogate covering the entire surrogacy period plus 36 months post-delivery; and proof of genetic relation between child and at least one intended parent.
Rights of the Surrogate Mother
The law provides: protection from exploitation or coercion; right to withdraw consent before embryo transfer; entitlement to full medical care and insurance; no parental rights to the child after birth; and proper post-delivery care for at least 6 weeks.
Parentage and Birth Certificate
The child born through surrogacy is deemed the legitimate child of the intended couple. The intended parents are named on the birth certificate and the child has the same rights as a naturally born child.
How Surrogacy.net.in Helps
Surrogacy.net.in provides end-to-end legal support including legal eligibility assessment, documentation preparation, board certificate applications, registered legal agreement drafting, and court order for parentage. Contact us for a free consultation with our legal team.
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