Surrogacy Process 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.”

Eligibility Criteria

To be eligible to be a surrogate mother in India, 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

Steps Involved in Surrogacy

The steps involved in surrogacy in India are as follows:

1. The intended parents meet with a surrogacy agency or clinic to discuss their options.
2. The agency or clinic will assess the intended parents’ eligibility and match them with a surrogate mother.
3. The surrogate mother will undergo medical tests to ensure that she is healthy and able to carry a pregnancy to term.
4. The intended parents will provide the surrogate mother with their eggs or sperm, or they will use donor eggs or sperm.
5. The surrogate mother will be artificially inseminated or undergo IVF.
6. If the surrogate mother becomes pregnant, she will be monitored by a doctor throughout the pregnancy.
7. After the baby is born, the intended parents will take custody of the child.

Cost of Surrogacy in India

The cost of surrogacy in India varies depending on the clinic or agency, the medical procedures involved, and the surrogate mother’s fees. However, it typically costs between INR 200,000 and INR 500,000 (USD 28,000 – USD 70,000).

Legal Considerations

The Surrogacy (Regulation) Bill, 2019, sets out the legal requirements for surrogacy in India. The Bill 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 rights of the surrogate mother and the intended parents. The surrogate mother has the right to:

• Receive all of her medical expenses and insurance coverage
• Be free from any physical or emotional coercion
• Be able to terminate the surrogacy agreement if she changes her mind

The intended parents have the right to:

• Receive the child after the birth
• Be the legal parents of the child
• Be able to make decisions about the child’s upbringing

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.

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