Is Surrogacy Legal in India ?

Surrogacy in India

Surrogacy is a process in which a woman agrees to carry and deliver a child for another person or couple. In India, surrogacy is legal, but it is only allowed for altruistic purposes. This means that the surrogate mother cannot be compensated for her services beyond her medical expenses and insurance coverage.

The Surrogacy (Regulation) Bill, 2019, which was passed by the Indian Parliament in December 2018, sets out the legal framework for surrogacy in India. The Bill defines surrogacy as “a practice where a woman agrees to carry and deliver a child for another person or couple with the intention to hand over the child after the birth to the said person or couple.”

Legal Status of Surrogacy in India

The Surrogacy (Regulation) Bill, 2019, prohibits commercial surrogacy and allows only altruistic surrogacy. This means that the surrogate mother cannot be compensated for her services beyond her medical expenses and insurance coverage.

The Bill also sets out the eligibility criteria for surrogacy in India. To be eligible to be a surrogate mother, a woman must:

  • Be a married Indian citizen or a woman married to an Indian citizen
  • Be between the ages of 25 and 35 years old
  • Have a healthy pregnancy history
  • Be willing to undergo the medical procedures involved in surrogacy

To be eligible to be intended parents in India, a couple must:

  • Be married to each other for at least five years
  • Be unable to have a child of their own due to infertility
  • Be willing to undergo the medical procedures involved in surrogacy

Conclusion

Surrogacy in India is a complex and regulated process. However, it can be a viable option for couples who are unable to have a child of their own. If you are considering surrogacy in India, it is important to do your research and choose a reputable clinic or agency. You should also be aware of the legal requirements and the rights of the surrogate mother and the intended parents.

Here are some of the key points to remember about the legal status of surrogacy in India:

  • Surrogacy is legal in India, but only for altruistic purposes.
  • Commercial surrogacy is prohibited.
  • The surrogate mother cannot be compensated for her services beyond her medical expenses and insurance coverage.
  • The eligibility criteria for surrogacy are strict.
  • The intended parents must be married to each other for at least five years and be unable to have a child of their own due to infertility.
  • It is important to do your research and choose a reputable clinic or agency if you are considering surrogacy in India.

I hope this helps!

If you need more indepth knowledge about Surrogacy Please call our counsellors on +91-9768884433 or Book an Appointment here.