Surrogacy Law in India 2024

The most recent Surrogacy Law in India permits altruistic surrogacy for Indian couples and OCI card holders who have medical indications for surrogacy. Introduced by the Indian government at the close of 2021, the Surrogacy (Regulation) Act, 2021, was enacted to govern surrogacy practices within the country. 

This legislation establishes guidelines for surrogacy arrangements and is designed to safeguard the interests of surrogates, intended parents, and the children born through surrogacy. 

Commercial surrogacy is now deemed illegal under this law, and there are restrictions on who can participate as a surrogate or intended parent. In this piece, we delve into the specifics of the Surrogacy (Regulation) Act 2021, serving as the most recent legal framework for those considering surrogacy in India. We’ll explore surrogacy’s legal aspects and explore the associated costs in India.

Altruistic Surrogacy Law in India

India prohibits commercial surrogacy, where payment beyond medical expenses is offered to the surrogate. The law promotes altruistic surrogacy, where a woman carries a pregnancy for another couple solely to help them achieve parenthood. The surrogate receives medical expense coverage and insurance, but no direct monetary compensation. This approach aims to prevent exploitation and ensures ethical surrogacy practices.

Guidelines for Surrogacy in India as per Surrogacy (Regulation) Act, 2021

Eligibility Criteria: Intended Parents

Not everyone can pursue surrogacy in India. Here are the requirements for intended parents:

  • Married Couple: Only legally married Indian couples or couples with an Overseas Citizen of India (OCI) card are eligible.
  • Age: The female partner must be between 23 and 50 years old, while the male partner’s age range is 26 to 55 years.
  • Medical Necessity: The female partner must have a documented medical condition preventing her from carrying a pregnancy. Valid medical reports are required as proof.
  • No Existing Children: The couple cannot have any biological children, including those from previous marriages.

Unmarried Women as Intended Parents

The law allows a limited path for unmarried women to pursue surrogacy:

  • Age: They must be between 35 and 45 years old.
  • Marital Status: They can be married, divorced, or widowed.
  • No Surviving Children: Importantly, they cannot have a surviving biological child from a previous marriage.

Single men and same-sex couples are not permitted to use surrogacy in India under the current law.

Eligibility Criteria: Surrogate Mothers

The law outlines specific requirements for women who wish to become surrogates:

  • Marital Status: The surrogate must be married.
  • Age: Her age range is 25 to 35 years old.
  • Prior Children: She must have at least one biological child of her own.
  • Medical and Psychological Fitness: Medical and psychological evaluations are mandatory to ensure she is physically and mentally healthy enough for surrogacy.
  • One-Time Commitment: A woman can only be a surrogate mother once in her lifetime.

Intended Parents and Surrogacy Attempts

The law also sets limitations for intended parents:

  • Maximum Attempts: Intended parents are limited to a maximum of three surrogacy attempts.
  • Single Embryo Transfer: To ensure safety, only one embryo can be transferred during each attempt.

Legal Requirements for Surrogacy in India as per Surrogacy (Regulation) Act, 2021

The new surrogacy law in India introduced in 2021 sets out some clear legal rules for intended parents and surrogates to follow. Here are the main points:

  1. Documents Required: Both intended parents and surrogates need to provide certain documents, including proof of marriage, age certificates, and a certificate confirming the need for surrogacy from the District Board.
  2. Surrogate Eligibility: The surrogate must also have a certificate from the Board confirming her suitability for surrogacy.
  3. Financial Support: Intended parents are responsible for covering the surrogate’s expenses like travel, clothing, medications, tests, and medical appointments. However, they can’t directly give her any money.
  4. Insurance: The surrogate must have insurance coverage for three years, and the intended parents must assure her health through an affidavit or guarantee.

These requirements ensure that surrogacy arrangements are legally sound and protect the interests of all parties involved.

Conclusion

The introduction of the new surrogacy law in India in 2021 marks an important step in regulating the surrogacy industry and addressing ethical and exploitative concerns. This law has provided confidence to hopeful parents seeking surrogacy services by ensuring transparency and safety while also protecting the rights of surrogate mothers and children. Strict penalties, including fines of up to Rs 10 lakh and imprisonment for up to 10 years, are in place for those who violate the law, demonstrating the government’s commitment to protecting everyone involved. The ongoing refinement of surrogacy regulations in India reflects the country’s strong dedication to safeguarding the interests of all parties.

FAQs

Q: What are the new rules for surrogacy in India in 2024?
A: India’s latest surrogacy regulations strictly forbid commercial surrogacy. Surrogate mothers can only receive compensation for medical expenses and insurance, emphasizing the generous nature of surrogacy.

Q: What are the penalties for violating India’s surrogacy laws?
A: Violators of surrogacy laws in India may face hefty penalties, including a maximum fine of Rs 10 lakh and imprisonment for up to 10 years.

Q: What are the eligibility criteria for couples considering surrogacy?
A: Couples must be married, with a female partner aged between 23-50 and a male partner between 26-55. They should not have children from previous relationships. The surrogate must be a willing married woman with at least one child, and only altruistic surrogacy is allowed.

Q: Are there restrictions on single women opting for surrogacy?
A: Single women aged 35-45, who are either married, divorced, or widowed, may opt for surrogacy. However, if they have one surviving child from a previous relationship, they cannot choose surrogacy. Single men and same-sex couples cannot pursue surrogacy in India.

Q: Is the surrogate mother compensated monetarily?
A: No, the surrogate mother cannot receive direct monetary compensation. However, the intended parents can cover her expenses for travel, clothing, medication, tests, and check-ups.

Q: Which documents are required for surrogacy in India?
A: Documents include proof of marriage, age certificates, medical indication for surrogacy, eligibility certificates for both intended parents and surrogates, and insurance/certificates for psychological and medical fitness.

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