Surrogacy Laws in India - Assisted Reproduction, Altruistic Surrogacy & More
Surrogacy in India can be a complicated process, if you don’t have access to the right legal assistance. Let us help you acquire your dream life under the Surrogacy Regulation Act 2021.
Sunil Khattri & Associates provide end-to-end assistance with the altruistic surrogacy process in India, so that you can enjoy the bliss of parenthood without any worry.
Know your rights as an intending couple/ surrogate mother.
What is Altruistic Surrogacy?
Altruistic Surrogacy is an arrangement, supported by a legal agreement, whereby a woman willingly undergoes the implantation process of intending parent’s zygote in surrogate’s uterus, to give birth to intending couple’s child and consequently hand it over to them post-pregnancy.
There are many reasons why a couple generally chooses to opt for a surrogate mother, out of which infertility is the number one cause behind surrogacy in India.
“A child born out of surrogacy procedure, shall be deemed to be a biological child of
the intending couple or intending woman and the said child shall be entitled to all the rights
and privileges available to a natural child under any law for time being in force.”
In other words, women who are surrogate mothers willingly labor for another couple and consequently hand over the child to them post-pregnancy.
Is Surrogacy Legal in India?
If you are an intending couple struggling with the difficulties of infertility or a willing woman wanting to aid a couple with assisted reproduction, you must have asked the question - Is surrogacy legal in India?
The answer is YES!
Surrogacy is conditionally legal in India under the guidance of a registered medical practitioner. Keep reading to know more about surrogacy laws in India.
What is the Surrogacy (Regulation) Act, 2021?
The Government of India has recently passed a new legislation in June 2022, called the Surrogacy (Regulation( Act 2021. This is an addition to the earlier legislation of the Assisted Reproductive Technology (Regulation) Act, 2021.
Under this Act, the government clearly demarcates the process and appointment of appropriate authorities for regulation of the practice of surrogacy in India. It states that surrogacy procedures can only be undertaken and performed if there is a medical indication indicating the need for gestational surrogacy.
For example, infertility. Most importantly, it strictly bans all forms of commercial surrogacy and leaves only the process of altruistic surrogacy as legal and just in all parts of the country. The word ‘altruism’ draws from the notions of compassion, selflessness and public-spiritedness. Thus, this Act essentially prescribes that only women who agree to bear children for intending couples without the expectation of a monetary or commercial exchange can become legal surrogate mothers.
The Surrogacy (Regulation) Act 2021 also states: “ no woman shall act as a surrogate mother more than once in her lifetime”.
The Act strictly debars any surrogacy clinic, pediatrician, gynecologist, embryologist or registered medical practitioner to partake or assist in the process of commercial surrogacy. The same authorities are also restricted from publishing, promoting or propagating any public information that advances the process of commercial surrogacy in India.
Surrogacy Cost in India
Considering the rules of the Surrogacy (Regulation) Act 2021, surrogacy cost in India is and should be negligible.
Hence, the only expenses that you are likely to bear are the medical expenses of the surrogacy procedure. Any other expense beyond the scope of medical exigencies is disallowed by the government and deemed as “commercialisation” of surrogacy.
How we can help?
Under the purview of Sunil Khattri & Associates, you can seek complete assistance with the process of altruistic surrogacy in India. If you are a couple looking into altruistic surrogacy and want to do away with the legal hassle of procuring the eligibility for altruistic surrogacy, this is the right place for you and we are here to help.
We can help you in seeking permission from appropriate regulating authorities.
Contact our team of experts now!