Latest Surrogacy Laws in India: What You Need to Know
Are you thinking about surrogacy in India and want to know the laws? You’re not alone. Many people and couples are looking to start families through surrogacy. But it can be confusing and overwhelming.
New surrogacy rules in India have changed things. It’s important to know about these changes and how they affect you. We’ll look into the current laws, their history, and what you need to know for surrogacy in India.
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THE SURROGACY (REGULATION) ACT, 2021- In Nutshell
- 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.
Key Takeaways
- Surrogacy laws in India have become more restrictive in recent years, with a focus on altruistic surrogacy for Indian couples.
- Intended parents must meet specific eligibility requirements, including being married and providing a doctor’s certificate of infertility.
- Female surrogates in India are restricted to being surrogates only once and must be close relatives of the intended parents.
- International surrogacy in India is not a legal option for American intended parents, following the introduction of new surrogacy regulations India.
- The Indian surrogacy legislation aims to promote ethical surrogacy practices and protect the rights of all parties involved.
- Understanding the current surrogacy laws in India is crucial for navigating the surrogacy process and ensuring a smooth journey to parenthood.
Additional guide for intended parents:
How Much Does Surrogacy Cost in Argentina
Understanding the Current Surrogacy Laws in India
The laws on surrogacy in India aim to protect everyone involved. The Surrogacy Regulation Act, 2021, is the main law. It makes sure surrogacy is done for good, not for money. Only altruistic surrogacy is allowed for Indian citizens.
Here are some important things to know about surrogacy laws in India:
- Only married Indian couples who have been married for at least 5 years are eligible for altruistic surrogacy.
- Intended parents must prove a medical necessity for surrogacy.
- Surrogate mothers must be married women aged between 25-35 years, with at least one child.
It’s crucial to know the current surrogacy laws in India. This helps you understand the process better and follow the rules. The laws are meant to ensure ethical surrogacy and protect everyone’s rights.
| Category | Eligibility Criteria |
| Intended Parents | Married Indian couples, married for at least 5 years, with a medical necessity for surrogacy |
| Surrogate Mothers | Married women, aged between 25-35 years, with at least one child |
Eligibility Requirements for Surrogacy in India
To be eligible for surrogacy in India, intended parents must meet certain criteria. The Surrogacy Regulation Act, 2021, sets out the surrogacy eligibility India rules. These include being Indian citizens, married for at least five years, and having a medical reason for surrogacy.
The Indian surrogacy requirements also have rules for surrogate mothers. They must be between 25 to 35 years old and married. The intended parents must also cover her expenses.
Here are the main criteria for surrogacy in India:
- Intended parents must be Indian citizens, married for at least five years.
- The intended female parent must be between 23 to 50 years old, and the intended male parent must be between 26 to 55 years old.
- The surrogate mother must be between 25 to 35 years old and have a minimum of one living child.
- The intended parents must have a medical indication for surrogacy, such as infertility or a medical condition that prevents them from carrying a pregnancy.
| Category | Eligibility Criteria |
| Intended Parents | Indian citizens, married for at least five years, medical indication for surrogacy |
| Surrogate Mother | Between 25 to 35 years old, minimum of one living child, medical fitness |
The Legal Process and Documentation
Understanding the surrogacy legal process in India is key for both intended parents and surrogates. The process includes making a surrogacy agreement and registering the child’s birth. The Surrogacy Regulation Act, 2021, outlines the rules for surrogacy in India. It aims to protect the rights of surrogate mothers and children.
The surrogacy agreement is a vital document. It outlines the terms of the surrogacy arrangement. It must be signed by the intended parents and the surrogate mother. It includes details like compensation for the surrogate and the responsibilities of each party.
Required Legal Documentation
- Surrogacy agreement
- Proof of marriage
- Medical indication certificates
- Eligibility certificates from the Board
The surrogacy legal process in India is complex. It’s important to get legal advice to meet all requirements. The Surrogacy Regulation Act, 2021, has changed the laws in India. It bans commercial surrogacy and requires altruistic surrogacy. Intended parents and surrogates must follow these rules for a successful surrogacy.
Rights and Responsibilities Under Indian Surrogacy Law
The Surrogacy Regulation Act, 2021, explains the rights and duties of everyone in surrogacy in India. This includes intended parents, surrogate mothers, and medical centers. Knowing about surrogacy rights India is key for those thinking about surrogacy. It helps them understand the process and follow the rules.
Under Indian surrogacy laws, intended parents can get surrogacy services and must care for the child. Surrogate mothers get medical care and payment, and clinics must follow certain rules to be legal.
Key Rights and Responsibilities
- Intended parents must give written informed consent and cannot abandon a child born through surrogacy.
- Surrogate mothers must be between the ages of 25 to 35 years and can only receive compensation limited to medical expenses and insurance coverage.
- Medical facilities must be registered and comply with medical standards to operate legally.
Knowing the rights and duties under Indian surrogacy laws helps people make smart choices about surrogacy in India. It makes the process smoother and more successful.
| Party Involved | Rights and Responsibilities |
| Intended Parents | Right to access surrogacy services, responsible for providing for the child |
| Surrogate Mothers | Entitled to medical care and compensation, must be between 25-35 years old |
| Medical Facilities | Must be registered, comply with medical standards, and operate legally |
Is Surrogacy Legal in India?
The Surrogacy Regulation Act, 2021, says yes, is surrogacy legal in India. But, there are rules to follow. Surrogacy is legal for Indian citizens only under certain conditions. The act bans commercial surrogacy and sets rules for who can be parents and surrogate mothers.
To grasp the Indian surrogacy laws, it’s key to know the act allows altruistic surrogacy. This means the surrogate mother gets paid for medical costs and insurance, not for being a surrogate. The act also requires a “certificate of essentiality” and a “certificate of eligibility” from the right authority for surrogacy.
Some important points about is surrogacy legal in India and Indian surrogacy laws are:
- Surrogacy is only for Indian citizens.
- Commercial surrogacy is banned.
- Altruistic surrogacy is allowed, with payment only for medical expenses and insurance.
- Intending couples need a “certificate of essentiality” and a “certificate of eligibility” for surrogacy.
In summary, is surrogacy legal in India is yes, but with rules to protect everyone, as the Indian surrogacy laws state.
Is Commercial Surrogacy Banned in India?
The Surrogacy Regulation Act, 2021, makes commercial surrogacy illegal in India. Only altruistic surrogacy is allowed. This means that compensation for surrogates is only for medical and insurance needs. The laws aim to protect surrogate mothers and prevent exploitation.
The ban on commercial surrogacy in India has big implications. You should know the Indian surrogacy laws and the rules on commercial surrogacy. Here are some important points:
- Only altruistic surrogacy is allowed, where the surrogate mother is not paid for her services.
- Compensation for surrogates is limited to medical and insurance coverage.
- The surrogacy process is restricted to infertile heterosexual married couples and single women who are widowed or divorced.
The commercial surrogacy India industry was once worth over $400 million yearly. But the new laws have changed everything. If you’re thinking about surrogacy in India, you must understand the current Indian surrogacy laws and the rules on commercial surrogacy.
| Type of Surrogacy | Allowed in India | Compensation |
| Altruistic Surrogacy | Yes | Medical and insurance coverage only |
| Commercial Surrogacy | No | Not allowed |
How Much Does Surrogacy Cost in India?
The surrogacy cost India is a big deal for those thinking about it. The price of surrogacy in India changes based on a few things. These include the type of surrogacy, where it happens, and the medical facility. On average, the Indian surrogacy expenses are between INR 20 to 30 lakhs.
Several things add up to the surrogacy cost India. These are:
- Medical consultation sessions
- Required tests and screenings
- Surrogate compensation
- Medication and transfer fees
The Indian surrogacy expenses can really vary. But, overall, surrogacy in India is about five times cheaper than in the United States. This makes it a more budget-friendly choice for many.
When looking into surrogacy cost India, it’s key to think about all the costs. This includes the Indian surrogacy expenses and how they affect the total cost of surrogacy.
Additional guide for intended parents:
How Much Does Surrogacy Cost in India
How Much Does Surrogacy Cost In Kazakhstan
Conclusion: Navigating India’s Surrogacy Framework
The Surrogacy Regulation Act, 2021 has brought big changes to surrogacy in India. It’s key for people and couples to know the laws well. The act has made it clear who can get help, the legal steps, and what everyone’s rights and duties are.
Understanding the Indian surrogacy laws helps those wanting to use surrogacy. They can make better choices and go through the process with confidence. The act’s rules, like needing a medical certificate and banning commercial surrogacy, aim to keep things ethical and responsible.
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We are happy to assist you with one of our global surrogacy programs best suited you your personal, financial,, and legal needs. I am here to assist you every step of the way.
Get in touch for a Free Surrogacy Consultancy:
📲 91-8800481100 ( WhatsApp, Line, Viber)
FAQs for latest surrogacy laws in India
What is the Surrogacy Regulation Act, 2021, and how does it impact surrogacy laws in India?
The Surrogacy Regulation Act, 2021, is a new law for surrogacy in India. It sets rules for who can be parents and surrogate mothers. It also explains the duties and rights of everyone in the surrogacy journey.
What are the eligibility requirements for surrogacy in India?
The act has strict rules for who can be parents and surrogate mothers. These include age, marital status, and health reasons. Knowing these rules is key for those thinking about surrogacy in India.
What are the legal requirements and documentation needed for surrogacy in India?
Surrogacy in India has a detailed legal process. It includes a contract between parents and the surrogate. The act lists the needed documents and the role of lawyers in the process.
What are the rights and responsibilities of the parties involved in surrogacy under Indian law?
The act protects the rights of all in surrogacy. It gives parents the right to use surrogacy services. It also ensures surrogate mothers get medical care and fair pay.
Is surrogacy legal in India?
The Surrogacy Regulation Act, 2021, allows altruistic surrogacy for Indians only. It bans commercial surrogacy. Knowing the laws is important for those thinking about surrogacy in India.
Has commercial surrogacy been banned in India?
Yes, the act bans commercial surrogacy. It allows altruistic surrogacy for Indians. It aims to protect surrogate mothers and stop exploitation.
How much does surrogacy cost in India?
Surrogacy costs in India are a big factor. The act sets rules for clinics and their fees. Understanding these costs is crucial for those considering surrogacy.
Source Links
- https://surrogate.com/intended-parents/international-surrogacy/surrogacy-in-india/ – Surrogacy in India: What You Need to Know | Surrogate.com
- https://theanalysis.org.in/explained-surrogacy-law-in-india/ – Explained: Surrogacy law in India – The Analysis (TA)
- https://lawfullegal.in/navigating-legal-landscape-of-surrogacy-in-india/ – Legal Landscape Of Surrogacy In India
Author Bio: Neelam Chhagani is an International Surrogacy Expert with 15 years of experience in the fertility and surrogacy domain. As the founder of IVF Conceptions and Complete Surrogacy, she has guided over 4,000 intended parents worldwide on their surrogacy journey to parenthood. Recognized as a trusted authority, she specializes in holistic infertility solutions and third-party reproduction consulting.
Holding an MA in Counselling Psychology and a PGD in Mental Health, Neelam is a proud member of the European Fertility Society (EFS) and the European Society of Human Reproduction and Embryology (ESHRE). She is also a leading surrogacy blogger, providing valuable insights into ethical and practical surrogacy solutions.
Since 2010, committed to supporting ALL family types, Neelam has been passionate about helping intended parents grow their families with compassion, integrity, and a focus on secure and affordable surrogacy options Globally.
Learn more about Neelam:
https://www.ivfconceptions.com/neelam-chhagani-surrogacy-consultant/
https://www.linkedin.com/in/neelam-chhagani-92892229/
https://www.quora.com/profile/Neelam-Chhagani
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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