Surrogacy laws in India: A Detailed Overview!

Surrogacy in India is permissible only to the local citizens of the country. So, for example, if you are an individual living in the Indian city of Varanasi, you can easily opt for surrogacy treatment in Varanasi without any issues. On the other hand, foreign nationals are barred from participating in a surrogacy program in India.

Even though surrogacy is permitted for local citizens in India, they still need to fulfil the provided list of criteria before going ahead. Here, we are listing every key element and aspect related to surrogacy in India.

The Surrogacy Regulation Bill

On July 15, 2019, Dr. Harsh Vardhan, Minister of Health and Family Welfare, introduced the Surrogacy (Regulation) Bill, 2019 in the Lok Sabha. The Bill defines surrogacy as a practice in which a woman bears a child for another person with the aim of later giving the child to the intended parents.

Surrogacy is regulated under the Bill, which forbids commercial surrogacy but permits altruistic surrogacy. Going by the example mentioned above, we can affirm that if you are a person seeking surrogacy, neither the surrogacy clinic in Varanasi nor the intended parent can pay the surrogate more than the amount spent on her medical care and insurance.

Understanding the legality of surrogacy in India

Surrogacy is legal if it is used for the following reasons: I intended couples with documented infertility; (ii) charitable causes; (iii) not for profit; (iv) not to produce children for prostitution, sale, or other forms of exploitation; and (v) for any condition or disease that has been specifically listed by regulations.

A "certificate of essentiality" and a "certificate of eligibility" issued by the proper medical authorities are required for an intending couple to be eligible. So, for example, if you are opting for surrogacy treatment in Varanasi, you got to acquire the abovementioned certificates from an authorized medical practitioner and submit it to the surrogacy center in Varanasi.

The following requirements must be met in order for a certificate of essentiality to be granted: a District Medical Board certificate proving the infertility of one or both members of the intended couple; (ii) a Magistrate's court order granting parentage and custody of the surrogate child; and (iii) insurance coverage for the surrogate for postpartum complications for a period of 16 months.

The certificate of eligibility to the intending couple is given upon fulfillment of the following requirements: I the couple must be Indian citizens and have been married for at least five years; (ii) the wife must be between the ages of 23 and 50, and the husband must be between the ages of 26 and 55; (iii) they must not have any living children (biological, adopted, or surrogate), with the exception of children who are mentally or physically challenged, suffering from a life-threatening disorder.

Who can become a surrogate mother?

In order to qualify as a surrogate mother, the woman must be :

• ·         A close relative of the intended parents
• ·         A married woman with a child of her own
• ·         Between the ages of 25 and 35
• ·         A surrogate only once in her lifetime

·         Hold a certificate of medical and psychological fitness for surrogacy in order to obtain a certificate of eligibility from the appropriate authority. Additionally, the surrogate mother is unable to donate her own gametes for the procedure.

Regulation regarding the Registration of surrogacy clinics

Without registration from the proper government, surrogacy clinics are not permitted to perform treatments linked to surrogacy. Clinics have 60 days from the moment the authorized authorities appointed them to submit an application for registration.

Summing it up

Do go through the abovementioned aspects and elements related to surrogacy in India before putting a step forward. Doing this, you can make an informed decision while further avoiding any legal or ethical issues during your surrogacy journey.