Surrogacy is nourishing embryo in the womb of a woman who is not the genetic mother of the baby. The woman carrying the baby for a gestational period of 9 months is called “Surrogate”. This is a unique way of having a baby for the couple who are unable to have a baby through their natural cycle. Surrogacy is the last choice. However, many parents who don’t want to go through the ordeals of pregnancy opt for it. Surrogacy in developed countries is either completely banned or have very restricted options. In recent years, India has seen a boom in Surrogacy however, many controversies rose because of biological parents abandoning the child with surrogates. This is why a Surrogacy Law in India (2018) has been enacted to define the legal criteria of Surrogacy. Here is why the law has banned Commercial Surrogacy but opened up for “Altruistic Surrogacy in India”.
Why is Surrogacy Banned in India?
- The protections available for the surrogates were less in India. This resulted in many controversial cases such as parents abandoning the child due to sex or unsafe and unethical practices in Fertility Treatment Centers.
- Surrogates were subjected to poor living conditions and exploitation due to poverty.
- Indian Surrogacy Clinics were running “baby factories” with no assistance for the family or kids they had left behind while pregnant.
- Surrogates received a fraction of what was really paid by international parents to the Surrogacy Agency.
- For financial reasons, poverty, and lack of education; women were drawn to surrogacy again and again. This led to a decline in their health and their own kids orphaned behind.
- Increasing lack of support for such gestational mothers and their families
- Now, let’s tell you what is legal and what is illegal in Surrogacy Law in India. If you are looking to have a baby through Surrogacy in India, you must know these legal constraints.
Latest Surrogacy Law in India 2018
Here are some common clauses of Surrogacy Law in India 2015 which was later amended in 2018 to bring more norms and penalizes Commercial Surrogacy in India to a greater level.
- The intended couple should be married for a minimum of 5 years and should be Indian votes.
- Surrogate must be married and has given birth to a child of her own.
- Sex-selective Surrogacy in India is prohibited.
- Commissioning parents shall be legally bound to accept the baby even in cases of abnormality and refusal shall be an offense.
- The female surrogate should be a ‘close relative’ of the intending couple and she can even give her own eggs for pregnancy.
- No payment except cheap medical expense is given to the surrogate, and the kid will be marked as the biological child of the intended parents, after delivery.
- Undertaking surrogacy for a fee, advertising or exploiting surrogates/surrogacy is a punishable offense and can be fined with 10 years of imprisonment and a fine up to INR10 Lakh.
- The law permits the surrogacy for couples who cannot conceive a baby and have a proven record of failed pregnancies, and it isn’t allowed just in case of the other medical conditions that may prevent a girl from parturition to a baby.
- Central and state governments appoint authorities to grant certification to the intending couples and regulate Surrogacy Clinics in India.
- Intending parents will have to sign a contract which contains all the terms, consent of surrogate mother to carry baby, consent of surrogate’s husband alternative relations for the identical medical procedures and expenses.
- A Surrogacy Agreement ought to offer for financial support for surrogate baby in the event of the death of the authorized couple before delivery of the kid, divorce of a couple or other resulting unwillingness.
- One among the partner must be a donor as well, as the bond, tenderness, and affection with a child primarily emanate from the biological relationship. In the case of single parents, he or she ought to be a donor to have a baby through surrogacy.
- The certification of the surrogate baby ought to contain the name(s) of the intended parent(s) solely.
- Right to privacy of donor and surrogate mother is protected.
- The law establishes that a foreigner or a foreign couple, who are not resident in India, or an NRI individual, or couple who is seeking Surrogacy in India; shall appoint a neighborhood guardian who will take care of the surrogate until the kid is delivered to him or her.
Where to Seek Surrogacy Clinics in India?
Nirog India has a team of professionals to offer you advice about Legal Surrogacy Centers in India about your options for completing the processas an intended parent. Let’s connect to know your requirements and give you details of an experienced surrogacy clinic. If you are interested in learning more about itor starting the process, Complete Our Form to request free information about Surrogacy in India now.
