Surrogacy Rules in India: What You Need to Know

Surrogacy in India has been revised legally in recent years. Once a popular destination for commercial surrogacy due to lower costs and fewer regulations, India has redefined its stance with stricter rules and regulations. These changes aim to protect the rights of surrogate mothers and children while addressing ethical concerns. Understanding the current surrogacy rules in India is crucial for intended parents considering this option.

This blog delves into the updated legal landscape of surrogacy in India, offering insights into what prospective parents need to know.

What is Surrogacy?

Understanding what is surrogacy is much easier if you understand the meaning of it. Surrogacy is an arrangement where a woman agrees to carry and give birth to a child on behalf of another person or couple, who will become the child's parents after birth. The types of surrogacy are traditional and gestational. In traditional surrogacy, the surrogate mother is genetically related to the child, as her egg is used in the process. In gestational surrogacy, the child is not genetically related to the surrogate mother, as the embryo is created using the intended parents' or donors' gametes.

The meaning of surrogacy in India has evolved, especially with the introduction of the Surrogacy (Regulation) Act 2021. This legislation outlines who can participate in surrogacy arrangements, the rights of the surrogate mother, and the legal status of the child born through surrogacy. Surrogacy in India is now tightly regulated to prevent exploitation and ensure ethical practices. The law now permits only altruistic surrogacy, which means that the surrogate mother cannot be compensated beyond covering medical expenses and insurance.

The Surrogacy Process in India

The surrogacy process in India involves several steps and strict legal procedures to ensure that all parties' rights are protected. Here's a breakdown of the process:

Eligibility Criteria

Only Indian married couples who have been married for at least five years and are unable to conceive a child naturally or through other assisted reproductive techniques can opt for surrogacy. The couple must also obtain an eligibility certificate along with a certificate of essentiality.

Selection of a Surrogate

The surrogate must be a close relative of the intended parents, married, and have at least one child of her own. She must be between 25 and 35 years of age and can only be a surrogate once in her lifetime.

Medical Screening and Legal Agreements

Both the surrogate and the intended parents must undergo thorough medical screening. Legal agreements outlining the responsibilities, rights, and compensation details are mandatory.

In-Vitro Fertilisation (IVF)

In gestational surrogacy, IVF is used to create the embryo, which is then transferred to the surrogate's uterus.

Pregnancy and Birth

The surrogate carries the pregnancy to term, and after birth, the child is handed over to the intended parents. The law now requires issuing a birth certificate with the names of the intended parents.

What You Need to Know About Surrogacy Rules in India: Latest Updates

The amendments in surrogacy rules in India reflect a more inclusive approach to surrogacy, allowing couples with genetic or medical conditions that prevent them from using their own gametes to still pursue surrogacy. This change is particularly beneficial for couples dealing with severe infertility issues or hereditary conditions that could be passed on to the child.

Moreover, the amendments aim to ensure that the rights of the surrogate mother are upheld and she is not exploited financially or emotionally. The updated rules reinforce that surrogacy in India is meant to be an act of compassion rather than a commercial transaction. Here are some more must-know facts about surrogacy rules in India that you should know:

Altruistic Surrogacy Only

Commercial surrogacy is banned in India. Surrogacy is only allowed if it is altruistic, meaning the surrogate receives no financial compensation other than medical expenses.

Eligibility of Intended Parents

Only heterosexual Indian married couples can opt for surrogacy, and they must prove that they cannot conceive a child through natural means or other assisted reproductive technologies.

Role of Surrogates

Surrogates must be close relatives of the intended parents and should not have been a surrogate more than once in their lifetime.

Use of Donor Gametes

With the recent amendments, couples with medical conditions can use donor gametes, broadening the scope of who can pursue surrogacy.

Legal Documentation

A legal agreement between the surrogate and the intended parents is mandatory, outlining all terms and conditions. This agreement must be registered with the appropriate authority.

Child’s Rights

The child born through surrogacy will have the same rights as a biological child of the intended parents. The birth certificate will only list the names of the intended parents.

Summing Up

The surrogacy rules in India are designed to create a safe and ethical environment for all parties involved. With the recent amendments, the scope of surrogacy has expanded slightly, allowing more couples to realise their dream of parenthood. However, the stringent regulations emphasise the importance of understanding and complying with the law. For anyone considering surrogacy in India, it is essential to be well-informed about these rules and to seek legal and medical advice to navigate the process successfully.

The surrogacy process anywhere in the world is a complicated process. As any medical procedure, its smooth and safe completion requires medical assistance and financial coverage. You should consider getting an insurance policy that covers surrogacy. Niva Bupa offers various insurance plans that can help in this journey. Browse on the website to purchase the plan that best suits your needs and provides comprehensive coverage and other add-ons.