Updated Surrogacy Laws in India: A Complete Guide
India’s surrogacy laws have changed a lot. But what are these changes, and how do they affect everyone involved? Let’s find out.
The new surrogacy law in India, passed in 2021, has changed how surrogacy works. It aims to protect everyone’s interests. This law now focuses on altruistic surrogacy, not commercial. But what does this mean for those wanting to start a family through surrogacy?
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Key Takeaways
- India’s surrogacy laws have been updated in 2021 to focus on altruistic surrogacy, prohibiting commercial surrogacy.
- The new law sets strict eligibility criteria for intended parents and surrogate mothers, including age and marital status requirements.
- Surrogacy is now only permitted for specific medical conditions, and the law limits the number of attempts allowed/ age limitations.
- Penalties for violating the surrogacy laws in India include fines up to Rs 10 lakh and imprisonment up to 10 years.
- The law aims to prevent exploitation and ensure ethical surrogacy practices in India.
Additional guide for intended parents:
Gestational Surrogacy in Chennai
Historical Evolution of Surrogacy Regulations in India
Surrogacy laws in India have changed a lot over time. Before 2002, there were no clear rules, leading to confusion and exploitation. But, as India became a top choice for surrogacy, laws started to change.
Pre-2002 Surrogacy Landscape
In the early 2000s, India became a key place for surrogacy. There were no laws, so surrogacy became a business. Surrogate mothers often got paid more than their medical costs.
Key Legislative Changes from 2002-2015
In 2002, the Indian Council of Medical Research set the first guidelines for surrogacy. Then, in 2010, the Supreme Court made commercial surrogacy legal. But, the industry still faced problems, leading to the Surrogacy (Regulation) Bill in 2016.
The Transition to Current Laws
The Surrogacy (Regulation) Act of 2021 changed India’s surrogacy rules. It banned making money from surrogacy, focusing on altruistic surrogacy. Now, surrogate mothers get only their medical costs covered. The laws also have strict rules for who can use surrogacy, protecting everyone’s rights.
Current Legal Framework and Updated Surrogacy Laws in India
India’s surrogacy laws have changed a lot in recent years. Now, only altruistic surrogacy is allowed, with a ban on commercial surrogacy. This change came from worries about surrogate mothers being exploited and the surrogacy industry growing too fast.
The new rules say intended parents must be Indian citizens, married, and have a medical reason for not having a child. Surrogates must be married, with a child of their own, and between 25-35 years old and need NOC for doing surrogacy. The law also requires insurance for surrogates and strict documentation.
The legal surrogacy requirements are designed to make surrogacy fair and ethical. Surrogacy regulations in India have changed to fix problems with the old commercial surrogacy model. Now, the focus is on altruistic surrogacy and creating a safe space for families to grow through it.
Eligibility Criteria for Intended Parents
The Surrogacy (Regulation) Act of 2021 in India sets clear rules for those wanting to use surrogacy. Only altruistic surrogacy is allowed, not commercial surrogacy.
Age and Marital Requirements
To qualify for surrogacy in India, you must be an Indian citizen. You and your partner must have been married for at least five years. The woman should be between 23-50 years old, and the man between 26-55 years old.
Divorced or widowed women between 35-45 years old can also apply. They must not have a living child from a previous marriage. She should be genetically related with the baby.
Also, it is possible to do surrogacy in India for NRI or surrogacy in India for OCI if they fulfill all the other conditions.
Medical Conditions Qualifying for Surrogacy
Some medical conditions allow for surrogacy in India. These include Mayer-Rokitansky-Küster-Hauser (MRKH) Syndrome, multiple IVF failures, and recurrent miscarriages. Also, unicornuate and T-shaped uterus, or any other condition that prevents natural conception or pregnancy term. Multiple failed IVF cycles and miscarriage’s. Get in touch with us to discuss your specific case.
Documentation Requirements
- Proof of marriage
- Age certificates for both intended parents
- Medical certificates confirming the need for surrogacy
- Surrogacy eligibility certificates from authorized boards
To get approval for surrogacy in India, you need to apply to the right authority. You must meet age, marital status, and health requirements. You also need to have a clear surrogacy agreement with the surrogate mother.
THE SURROGACY (REGULATION) ACT, 2021
- Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
- Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
- Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must.
- Married Indian female (25 to 50 years) and male (26 to 55 years).
- Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
- Couple have not had any healthy surviving child biologically or by adoption.
- Have to have Medical indication ncessitating gestation surrogacy.
- To obtain a certificate of essentiality from The Appropriate Authority.
- To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
- Parentage Order passed by First class Magistrate.
- Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
- Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.
Regulations for Surrogate Mothers
India’s new surrogacy laws have strict rules for surrogate mothers. They aim to protect these women and make sure surrogacy is done ethically. Surrogate mothers must meet certain criteria to be part of the process.
She need to be married and have at least one child of their own. The age range for surrogate mothers is 25 to 35 years.
- Surrogate mothers can only be a surrogate once in their lifetime.
- They must have medical and psychological fitness certificates to ensure their well-being.
- They can’t get paid more than what covers medical expenses and insurance.
The new laws also require a minimum of three years of insurance for the surrogate mother. This protects her health and emotional well-being during and after the surrogacy.
These rules aim to make surrogacy in India more ethical and open. They protect the rights of surrogate mothers and support all involved in the surrogacy arrangement.
Commercial vs. Altruistic Surrogacy: Understanding the Ban
India has changed its surrogacy rules, banning commercial surrogacy. This move aims to stop the exploitation of surrogate mothers and the commercialization of surrogacy. It’s important to know the difference between commercial and altruistic surrogacy to understand the new laws in India.
Please note that only altruistic surrogacy is permitted in India.
Reasons Behind Commercial Surrogacy Ban
The ban on commercial surrogacy in India came from worries about surrogate mothers being exploited. Before the ban, India was known for “baby factories.” Women were paid little to carry children for wealthy parents, both in India and abroad. This raised big ethical questions and led to calls for better protection for surrogate mothers.
Guidelines for Altruistic Surrogacy
The Indian government has now made only altruistic surrogacy legal. This means the surrogate mother carries the child without getting paid, except for medical expenses. The new laws also say the surrogate mother and the intended parents must be close relatives. This ensures the arrangement is more ethical and altruistic.
Financial Aspects and Compensation
Now, surrogate mothers in India can only get medical expenses and insurance covered. They can’t get any extra money. This rule is to stop surrogacy from being a business and protect everyone’s rights.
Legal Protections and Rights
Indian surrogacy laws offer strong legal protections and rights for everyone involved. Surrogate mothers get medical care and insurance during and after pregnancy. Intended parents have the right to the child born through surrogacy.
The law keeps surrogacy arrangements private. Breaking this rule can lead to big fines and jail time.
- Surrogate mothers are guaranteed access to medical care and insurance coverage.
- Intended parents have legal rights to the child born through the surrogacy process.
- Confidentiality of surrogacy arrangements is strictly maintained.
- Strict penalties are in place for violations, including fines up to Rs 10 lakh and imprisonment up to 10 years.
The Surrogacy Regulation Act, 2021 aims to protect everyone involved in surrogacy rights India. It ensures legal surrogacy in India and tackles ethical surrogacy issues. This act helps prevent the exploitation of surrogate mothers and makes the surrogacy process clear.
“The surrogacy laws in India have been a crucial step in safeguarding the rights and well-being of all parties involved, particularly the surrogate mothers who were previously vulnerable to exploitation.”
As surrogacy rights India laws change, the government focuses on legal surrogacy in India and ethical surrogacy. This is a key priority.
Impact on International Surrogacy Arrangements
India’s new surrogacy laws have changed how international surrogacy works. Since 2015, foreign parents can’t use surrogacy in India anymore. This has hurt the “surrogacy tourism” business in India a lot.
Restrictions on Foreign Intended Parents
The Surrogacy (Regulation) Act, 2021 has big rules for surrogacy in India. Now, only Indian couples who can’t have kids naturally can use surrogacy. This means no more surrogacy for foreign parents, including NRIs and OCIs.
Alternative Options for International Couples
- International couples now have to look for surrogacy elsewhere, like Georgia, Mexico, Armenia, Ukraine, or Colombia.
- Some Indian clinics work with international ones to offer surrogacy abroad. This is a way for foreign parents to still get help.
- But, these options are pricier and come with legal issues.
India’s new laws have made surrogacy harder for international couples. They now face a more complicated and limited choice for surrogacy.
Updated surrogacy laws in India for intended parents
India’s surrogacy laws have changed a lot lately. The Surrogacy (Regulation) Act, 2021, has brought new rules. These rules apply to both Indian citizens and Overseas Citizen of India (OCI) card holders wanting surrogacy services.
Surrogacy in India for NRI Couples
Now, NRI couples face the same rules as Indian citizens for surrogacy. They must be married. The woman should be between 23 to 50 years old, and the man between 26 to 55 years old.
They also need to meet certain medical conditions. This could be because of infertility or other health issues. Also, surrogacy baby should be the first baby for the intended parents.
Surrogacy in India for OCI Couples
OCI couples can also get surrogacy in India, but they must follow the same rules. They need to show they medically need a surrogate. They must also provide the right documents and sign a surrogacy agreement with a registered surrogate mother.
Find Best Surrogacy Agencies in India
It’s very important for intended parents to choose a good surrogacy agency in India. The agency should be registered and follow the Surrogacy (Regulation) Act, 2021. Make sure the agency is known for being ethical and caring for everyone involved.
The new laws in India aim to protect everyone in surrogacy. By knowing the rules and picking a trustworthy agency, parents can feel sure about their journey in India.
Why Choose Complete Surrogacy for legal and affordable surrogacy in India?
• Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience.
• Getting a chance to work with fertility clinics/agencies that are elite and have proven track record with reference from existing IPs.
• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc.
• All transparent financial transactions with affordability. You make direct payment with no additional fee on top.
• No hidden agent fee or surprise cost later on. All fees paid directly as per the agreement signed with service provider.
• Dedicated case manager to each IPs.
• Honest, transparent and quick communications.
• Assistance in all legal matters pertaining to visa and taking baby home process.
• Local support with access to all medical reports of egg donors and surrogate mothers.
• Assistance in all logistics of frozen sperms/embryos shipments.
• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.
How much does surrogacy cost in India?
Surrogacy costs in India have changed a lot since it became a key place for fertility treatments. The ban on commercial surrogacy has changed things. Now, the focus is on medical costs and insurance for the surrogate mother.
Experts say the cost of surrogacy in India is now between ₹20 to ₹30 lakhs based on the types of services needed, location of the surrogacy center, experience of the fertility expert.
Based on our research, the estimated cost of surrogacy in Delhi typically ranges from ₹20 lakhs to ₹25 lakhs INR. This comprehensive estimate covers the various expenses involved in the surrogacy process.
Itemized Surrogacy Cost Breakdown in India:
| Cost Component | Estimated Range (₹) |
| Surrogate Mother Related Cost | ₹8 – ₹12 lakhs |
| Clinic and Medical Expenses | ₹6 – ₹8 lakhs |
| Legal Fees/Legal Compliances | ₹3 – ₹5 lakhs |
| Travel and Accommodation | ₹1 – ₹2 lakhs |
| Miscellaneous Expenses | ₹1 – ₹2 lakhs |
| Total Estimated Cost | ₹20 – ₹25 lakhs |
Comparison of Surrogacy Costs across Major Indian Cities:
| City | Estimated Surrogacy Price Range(₹) |
| Delhi | ₹20 – ₹25 lakhs |
| Mumbai | ₹22 – ₹27 lakhs |
| Kolkata | ₹18 – ₹22 lakhs |
| Chennai | ₹19 – ₹23 lakhs |
| Hyderabad | ₹20 – ₹24 lakhs |
How to find surrogates in India
India’s surrogacy laws have changed a lot in recent years. Now, finding surrogates in India is more regulated. It’s mainly for close relatives of the intended parents. To start the surrogacy journey in India, knowing the laws and the steps to choose a surrogate mother is key.
The new laws in India only allow altruistic surrogacy. This means the surrogate mother can’t get paid, only for medical and insurance costs. The selection process includes medical and psychological checks on potential surrogates.
Intended parents can work with authorized surrogacy clinics or agencies to find a surrogate. These places make sure all legal steps are followed. They help get the needed certificates and approvals.
- The surrogate mother must be between 25 to 35 years old, married, and have at least one child of her own.
- She can only act as a surrogate once in her lifetime, and her own medical and psychological well-being is carefully assessed.
- The intended parents must also meet specific eligibility criteria, such as being married for at least 5 years and within the prescribed age limits.
It’s important to know that surrogacy is allowed in India only under the new laws. These laws focus on the well-being and rights of both the intended parents and the surrogate mother. Following these rules is essential for a successful and ethical surrogacy journey.
Alternative surrogacy countries for intended parents who cannot do surrogacy in India
India has made surrogacy rules stricter lately. But, other countries offer surrogacy options for those who can’t do it in India. Places like Georgia, Ukraine, Armenia, and Kazakhstan have laws that are more open to foreign couples.
Surrogacy in Georgia
Georgia lets couples have both gestational and traditional surrogacy. They can pay the surrogate mothers for their help. The cost in Georgia is between $50,000 to $70,000, covering all needed expenses.
Surrogacy in Ukraine
Ukraine is known for its top-notch medical care and skilled doctors in reproductive medicine. It has a high success rate in surrogacy. Only married heterosexual couples can have gestational surrogacy here. The cost is about $50,000 to $65,000, depending on the clinic and services.
Surrogacy in Armenia
Armenia is becoming a popular choice for international surrogacy. It’s more affordable and accessible than other places. The laws here are quite open, allowing both altruistic and commercial surrogacy for foreign parents.
Surrogacy in Kazakhstan
Kazakhstan is also known for its surrogacy tourism. Its laws are more relaxed, allowing both altruistic and commercial surrogacy for international parents.
Remember, each country has its own rules and needs for surrogacy. It’s crucial to do your homework and talk to legal experts before starting international surrogacy.
Additional guide for intended parents:
Gestational Surrogacy in Ahmedabad
Conclusion
India’s surrogacy laws have changed a lot, showing a big step towards ethical surrogacy. The Surrogacy (Regulation) Act, 2021 now protects everyone, especially the surrogate mothers. It bans commercial surrogacy and supports altruistic surrogacy among family members.
These changes have limited the choices for some parents, especially those from abroad. But they show India’s push to stop the misuse of surrogate mothers. The new rules aim to make surrogacy fair and safe for everyone involved.
Parents looking into surrogacy in India need to understand the new laws well. They should also look into other options if they don’t fit the new rules. It’s important for everyone to know the latest laws and make smart choices for a good surrogacy experience.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at Complete Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.
FAQs for surrogacy in India
What are the current surrogacy regulations in India?
In India, a 2021 law now controls surrogacy. It bans commercial surrogacy and allows only altruistic arrangements. The law sets strict rules for who can be a surrogate or intended parent, including age and marital status.
How has surrogacy in India evolved over the years?
Surrogacy in India has changed a lot. Before 2002, there were no rules. In 2002, guidelines were introduced. The 2010 Supreme Court ruling made commercial surrogacy legal. But, the 2015 ban on foreign parents and the 2018 law restricted it more. The 2021 law solidified these restrictions and focuses on protecting surrogates and ethical practices.
What is the legal framework for surrogacy in India currently?
Today, India only allows altruistic surrogacy. Commercial surrogacy is banned. Intended parents must be Indian, married for five years, and have infertility proof. Surrogates must be relatives, married, and between 25-35 years old. The law also requires insurance for surrogates and strict documentation.
What are the eligibility criteria for intended parents in India?
Intended parents must be Indian and married for five years. Women should be 23-50, men 26-55. Single women aged 35-45 can also choose surrogacy. Medical conditions like MRKH syndrome qualify. Documents needed include marriage proof, age certificates, and medical certificates.
What are the regulations for surrogate mothers in India?
Surrogate mothers must be relatives of the intended parents, married, and have a child. They must be 25-35 years old and can only be a surrogate once. They need medical and psychological certificates. They cannot get paid more than medical expenses and insurance.
What is the difference between commercial and altruistic surrogacy in India?
Commercial surrogacy is banned in India to stop exploitation. Altruistic surrogacy allows surrogates to carry a child without pay. The ban aims to prevent unethical practices. Altruistic surrogacy requires a familial relationship and limits financial compensation to medical expenses and insurance.
What legal protections are in place for surrogacy in India?
The law protects all parties in surrogacy. Surrogates get medical care and insurance. Intended parents have rights to the child. The law keeps surrogacy arrangements private. Violations can lead to fines up to Rs 10 lakh and 10 years in prison.
Can international couples pursue surrogacy in India?
No, international surrogacy in India is banned. Foreign intended parents have been barred since 2015. This has hurt surrogacy tourism. International couples can consider surrogacy in countries like the United States, Ukraine, and Colombia.
How do the updated surrogacy laws in India affect intended parents?
NRI and OCI couples face strict rules under current laws. They must meet all requirements for Indian citizens. Surrogacy agencies in India now focus on altruistic arrangements and must be registered. It’s important to check agency credentials and law compliance.
How much does surrogacy cost in India now?
The cost of surrogate mother range is between 20 Lakhs INR to 30 Lakhs INR. Current costs cover medical procedures, legal fees, and insurance. Costs vary based on individual needs and medical requirements.
How can intended parents find surrogates in India?
Finding surrogates in India is now limited to close relatives. The process includes medical and psychological screening. Authorized clinics and agencies can help with screening. It’s important to follow all legal requirements when choosing a surrogate.
What are the alternative surrogacy options for intended parents who cannot pursue surrogacy in India?
For those unable to pursue surrogacy in India, countries like Georgia, Ukraine, Armenia, and Kazakhstan offer options. These countries have more open surrogacy laws for foreign intended parents. Each country has its own rules, so thorough research and legal advice are crucial before pursuing international surrogacy.
Source Links
- https://www.ivfconceptions.com/latest-surrogacy-law-in-india/ – Latest Surrogacy Law in India- Updated Surrogacy (Regulation) Act
About Author:
Neelam Chhagani, MA (Counselling Psychology), PGD (Mental Health), and Holistic Infertility and Third-Party Reproduction Consultant.
Member of the European Fertility Society (EFS) and European Society of Human Reproduction and Embryology (ESHRE), Best Surrogacy Blogger for surrogacy and infertility treatment.
Highly esteemed, authoritative, and trusted professional with a 15-year of experience in international surrogacy and fertility medical tourism. Advocate for Secure, Legal, and Affordable International Surrogacy Globally.
I was introduced to Neelam by a friend who worked with Neelam for surrogacy. Neelam is absolutely wonderful. I am a single male and the journey to fatherhood is not that easy. Neelam connected me to a program ideal for my circumstances. She was with me throughout the pregnancy providing advice and guidance along the way. I am so grateful I found her and am thrilled today that I have a beautiful daughter. I highly recommend Neelam to anyone who is on a journey to become a parent. Having a child has changed my world for the better. I wish others success with their own journey and recommend you connect with Neelam to find a path that is best for you.
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