Surrogacy Laws in INDIA Complete Overview

Kiran infertility center is the Best Surrogacy Center in Hyderabad that has a good success rate. Surrogacy is the wish come true for many women all over the world. Kiran infertility services method has gained its trust by successfully turning women into mothers who are thriving for motherhood.  We got different fertility treatment available in our clinic such as ART, diagnosis of infertility, ICSI, Blastocyst culture, IUI procedure, IVF procedure and so on. Dr. SAMIT SEKHAR is the owner and program director of Kiran Fertility center.

Our center also provides commercial surrogacy by following the government updated law of actions. Our surrogacy services include recruiting surrogacy by doing all tests that are needed for this process, we give information about the surrogate mother, we conduct some programs to educate couples in terms of how to select surrogate mother, provides detailed information about the complete process including pros and cons.

Surrogacy Laws in INDIA

The commercial surrogacy has become legalized in the year 2002. This surrogacy is categorized into two types such as Partial surrogacy and Full surrogacy. The traditional kind of surrogacy that involves sperm for the actual father implanted into surrogate mother womb through the process other than sex for fertilization. If an embryo is placed in surrogate mothers womb then it is called full surrogacy. This embryo can be made to develop in different ways like:

  • The embryo can be created by using eggs and sperms from a donor.
  • Both the sperm and egg are from intended parents.
  • Sperm being of the intended father an egg from a donor.

The surrogacy procedure is of low cost in India when compared to other countries. Internationally, Indian surrogates are more opted as the money to be spent in this whole process is low. Indian female surrogates are in high demand in recent years as Indian clinics have become more competitive in terms of price and providing surrogate mothers.

Surrogacy Laws in INDIA review

Commercial Surrogacy Laws in India:

In the year 2008, the government of India accepted commercial surrogacy which seemed to be not well implied in case of Manji’s that is the baby from Japan who has got the humanitarian visa and gave the baby to grandmothers custody as the parents are not willing to raise the child after getting divorced. Commercial surrogacy has got many issues to deal with as the laws of two countries should be uniform else it may lead to exploitation of women by making women reproductive system commercial. In order to avoid this, some laws are passed by law commission such as:

  • This surrogacy process is followed as a contract where all the details like handing over the child to commissioned parents, the willingness of husband and close relatives to go further into the process, expenses paid by commissioned parents etc.
  • Surrogate child birth certificate will be comprised of commissioned parent names only.
  • The surrogate child should be provided with financial assistance by commissioned parents I case of they getting divorced, the death of the commissioned couple or one of them, and none of the commissioned parents willing to take the baby.
  • Privacy of the donor and surrogate mother should be protected.
  • This contract covers life insurance for surrogate mother, commissioned parents will be the legal parents for a surrogate child.

     In the year 2010 a draft is presented called as ART bill which is not yet passed, few aspects that are  covered in this bill are:

  • It didn’t specify how many times a woman can be a surrogate mother.
  • This bill has not protected the rights of the surrogate mother.
  • Homosexual couples and the foreign individual who are single are not allowed to be commissioned parent.
  • Two people who are in relationships or living together are also considered a couple and are eligible to be commissioned couple.

Eligibility criteria for a couple and surrogate mother according to recent laws to be passed:

  • The surrogacy bill is drafted in the year 2016, if it is passed there will be certain rules amended to the file which clearly states that in India the commercial surrogacy will be banned and should accept and satisfy the following rules for both couple and surrogate mother.
  • A couple can be parents through surrogacy if they are heterosexual Indian couple.
  • The couple should be in the marriage relation for 5 years.
  • They should provide a proof that at least one of the person in the couple is infertile.
  • There is an age limit for couples who are opting to be parents through surrogacy, the mother should be in the age ranging 23- 50 years and fathers age should be in the range 26- 55.
  • The surrogate mother should be of age 25 to 35 and should be a close relative of the couple.
  • The surrogate mother should possess at least one kid of her own.
  • The money offered in this process is that the couple will bare all the medical bills of the surrogate mother.
  • This process is not applicable to the following people:
  • If the surrogate mother is off the prescribed age limit.
  • If the person who wants to be a surrogate mother must be married for more than five years.
  • Marital status being single.
  • Being a foreigner.
  • Not married but being in relation.

The main features of the bill to be passed are as follows:

  • It is illegal to offer the cash payment to women who wanted to be surrogate.
  • It is prohibited to donate eggs.
  • According to this bill, commercial surrogacy will be banned.

Kiran infertility center is the clinic that provides hygienic treatment with good success rate. As the couple will be given counseling beforehand and allow them to know all the legal procedures and help them in gaining knowledge about different methods available, cost, and success rate.

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