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The Surrogacy Procedure in India

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The Surrogacy Procedure in India

The Surrogacy Procedure in India

"The Surrogacy Procedure in India”

Embarking on the profound and fulfilling journey of bringing a child into the world is a dream for many. For those encountering challenges in conceiving, surrogacy emerges as a beacon of hope. The surrogacy journey in India involves a delicate balance of legal, medical, and emotional considerations. This blog provides essential knowledge for navigating this intricate process successfully, emphasizing the uniqueness of each surrogacy journey and the necessity of seeking professional advice.

Understanding Surrogacy:

Surrogacy, a method of assisted reproduction, involves a woman (the surrogate) carrying and giving birth to a child on behalf of another person or couple (the intended parents). In India, it has gained popularity among intended parents globally, drawn by its relatively lower costs and established medical infrastructure.

Under Sections 11-14:

The concerned authority must register the Surrogacy clinic. Surrogacy or procedure-related Surrogacy must be completed within 60 days after the authority's appointment. Surrogacy clinics intended for women and intending couples can file an appeal against such orders as certificate rejection or cancellation, registration, and the application submitted by the competent authority to the State/Central Government. The validity of the “Registration Certificate" is for three years.

Evolution of Regulations:

Over time, regulations governing surrogacy in India have evolved. The Surrogacy (Regulation) Bill, 2019, was introduced to bring clarity and structure to the process.

Key points from the bill include:

Eligibility Criteria:

  • Only Indian citizens can opt for surrogacy in India.
  • Surrogacy is limited to married heterosexual couples who must have been married for at least five years.

Medical Certification:

  • Intended parents must provide a medical certificate proving their inability to conceive.

Nature of Surrogacy:

  • Commercial surrogacy, where the surrogate is compensated, is prohibited.
  • Only altruistic surrogacy, where the surrogate is not paid beyond medical expenses, is allowed.

Surrogate Selection:

  • It is crucial to ensure that the selected surrogate meets the legal requirements outlined in the Surrogacy (Regulation) Bill,2019. Typically, the surrogate should be a married woman with at least one healthy child of her own. The legal age limit for surrogates may vary, and adherence to these guidelines is essential.

The Essence of Responsible Surrogacy in India:

As each surrogacy journey is inherently unique, seeking professional advice is not just advisable but crucial for making well-informed decisions. Selecting the right surrogate is a multifaceted process that demands careful consideration of legal, medical, and emotional factors. Intended parents embarking on the surrogacy journey in India should seek professional guidance to navigate this complex process successfully. By prioritizing the well-being of the surrogate and adhering to legal regulations, intended parents can make informed decisions, fostering a positive surrogacy experience for all parties involved.

Published by Shri.Varun Gopalakrishnan Nair,V.G Nair &Associates.