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Donor & Surrogacy

Surrogacy Law In India

Is surrogacy legal in India?

While surrogacy is a boon for childless couples, there are many legal factors around it that must be kept in mind. We shed some light on what the laws around surrogacy in India are.

The term "Surrogacy" is accepted worldwide, and still in some countries, it is banned due to several reasons, biological or otherwise. But Indian Government makes it completely legal and makes your journey full of happiness to hold the hands of your child.
Intended parents should be aware about each and every legal aspect involved in the procedure and as a part of our services we make sure to guide you surrogacy laws in India and will assist you to overcome any local barrier.

ICMR's guidelines for surrogacy

In 2005, The Indian Council for Medical Research gave guidelines to help regulate Assisted Reproductive Technology procedures. The Law Commission of India submitted the 228th report on Assisted Reproductive Technology procedures discussing the importance and need for surrogacy, and also the steps taken to control surrogacy arrangements. The following observations had been made by the Law Commission:

  • All the expenses of medical including hospital charges, doctor fees, medication, tests charges and other related expenses, shall be borne by the couple or intended parents. But such an arrangement should not be for commercial purposes.
  • A surrogacy arrangement should provide for financial support for the surrogate child in the event of death of the commissioning couple or individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of the child.
  • A surrogate mother must relinquish all her parental rights over the child. Legislation itself should recognise a surrogate child to be the legitimate child of the commissioning parent(s) without there being any need for adoption or even declaration of guardian.
  • The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
  • The couple seeking surrogacy must be legally bounded to accept the custody of the child born and cannot refuse in between the procedure etc.
  • Right to privacy of donor as well as surrogate mother should be protected.
  • Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.

Surrogacy laws in books and in actual practice is quite different, it is always advisable to confirm your rights in the procedure so that you can hold the hand of your child legally for life long.

Success of surrogacy in India

Prevalence in India is hard to predict as there are no exact figures available and prevalence is also dependent on specialised centres that cater to surrogacy as an option to couples that have no other way of getting a baby of their own.

However, the success rate of surrogacy is almost 45% with fresh embryos and 25% with frozen embryos.

The package for surrogacy in India almost costs 50% less as compared to other countries and can vary between Rs 8,00,000 to 15,00,000 approximately.

The surrogacy package price estimate above, covers doctor fees, legal fees, surrogate work up, antenatal care, delivery charges, surrogate compensation, egg donor, drugs and consumables, & IVF costs.