India Surrogacy Law

An important consideration, if you’re thinking about traveling abroad to pursue the option of surrogacy in India, is the India surrogacy law. Commercial surrogacy in India is generally a more affordable option when compared to countries in the West, but it’s important that cost isn’t the only detail that you research. 

Infertility or the inability to bear children can be a devastating issue for couples trying to conceive so it’s essential that you thoroughly examine the rules for foreign surrogacy clients in India if you’re planning on pursuing this strategy.

What is Surrogacy?

Surrogacy is an arrangement by which one woman carries and gives birth to a child for another woman. There are numerous reasons why this approach is adopted, including infertility and same-sex coupling, and it can take the following forms:

• Natural Surrogacy – The surrogate gives birth to her own genetic child. This baby might have been conceived by artificial insemination but because of legal and emotional complications, most countries do not consent to this type of surrogacy.
• Gestational surrogacy – the process by which the intended parents use their own embryo to impregnate the surrogate mother so that the surrogate isn’t biologically related to the child.

Surrogacy is an expensive option in countries such as the UK and USA, and therefore India offers a far more cost effective approach. Surrogacy cost in India is comparatively lower, and those looking to start their own family, can expect to save a large amount of money by opting for surrogacy in India.

Surrogacy Laws in India – An Overview

Commercial surrogacy has been legal in India since 2002 and, although the process is not regulated, the Indian Council for Medical Research Guidelines produced a set of guiding principles in 2005, which comprise:

• Surrogacy should be managed by way of a contract between the surrogate and the intended parents. This should cover reimbursement of all costs, including medical treatment, and the requirement of the surrogate to hand over the child post-delivery.
• The surrogacy arrangements should take into consideration the financial costs if the intended parents are unable to take charge of their baby. The intended parents should also cover the life insurance costs of the surrogate while pregnant.
• If possible, one of the intended parents should have a genetic affiliation with the child due to the bond created by a biological relationship.
• The birth certificate of the child should contain only the name of the intended parents.
• The donor and the surrogate have the right to privacy.

The main problem with these guidelines is that there is nothing to say that they should be followed or, indeed, what will happen if any contract you might have is breached. Since surrogacy can be legally complex, it is advisable to have a lawyer on your side to make sure you understand the legal rules and regulations, and do not go wrong in such an important step. 

Surrogacy in India – Things to Consider

• Since researching the legal rules and procedures for foreign surrogacy clients is critical to success, one method you might consider is to hire a local lawyer who will handle the appropriate documentation. They should also be able to advise you on the rights of your child to citizenship and the procedure for taking your newborn baby back to your own country.
• In addition to the legal considerations of surrogacy abroad, it’s important to consider the method by which you will select your surrogate. There is a large number of surrogacy agencies in India that are willing to provide detailed information regarding the surrogate’s medical history, current medical state and checks carried out during the pregnancy.
• The emergence of various surrogacy clinics in India offers those who are unable to parent children, the opportunity to start their dream family. You should fully vet and research the clinic which you intend to use so that it meets your expectations and requirements.
• Look for testimonials and experiences of parents who’ve previously used a surrogacy service in India. This should provide invaluable information regarding the reputation and aptitude of the clinic and doctors.

Overall, if you’re considering committing to surrogacy in India, the laws governing this procedure are of major importance. In India surrogacy laws are balanced for the surrogate as well as for the intending parents, and probably that is the reason why surrogacy tourism in big in India.