The Legal Framework of Altruistic Surrogacy in India

Surrogacy has been a beacon of hope for couples struggling with infertility. In India, altruistic surrogacy is now the only legally permissible form of surrogacy, ensuring ethical practices while eliminating commercial motives. The Surrogacy (Regulation) Act, 2021, lays down strict guidelines for intended parents and surrogate mothers. If you are considering altruistic surrogacy in Delhi, understanding the legal framework is crucial.

Overview of the Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021, was enacted to regulate surrogacy services, prevent exploitation, and establish a transparent legal process. The law prohibits commercial surrogacy but permits altruistic surrogacy, where the surrogate mother receives no financial compensation except for medical and insurance coverage.

Key provisions of the Act:

• Surrogacy is permitted only for legally married Indian couples facing proven medical infertility.

• The surrogate mother must be a close relative of the intended parents.

• A certificate of essentiality and a certificate of eligibility are mandatory before undergoing surrogacy.

• The law bans surrogacy for single parents, same-sex couples, and foreign nationals.

• The newborn must be legally recognized as the biological child of the intended parents.

Who is Eligible for Altruistic Surrogacy?

To ensure ethical practices, the law defines strict eligibility criteria for both intended parents and surrogate mothers.

Eligibility for Intended Parents:

• The couple must be legally married (husband and wife) for at least five years.

• The female partner should be between 23-50 years, and the male partner between 26-55 years.

• Must provide a medical certificate proving infertility.

• Should not have a surviving biological, adopted, or previous surrogate child, except in cases of disability or a life-threatening disorder.

Eligibility for Surrogate Mothers:

• Must be a close relative of the intended parents.

• Should be married and have at least one biological child.

• Age criteria: Between 25-35 years.

• Can act as a surrogate only once in her lifetime.

• Requires a medical and psychological fitness certificate.

Restrictions and Legal Process of Altruistic Surrogacy

The best surrogacy centres in India adhere to the legal framework and ensure compliance with the law. The process involves several critical steps:

1. Obtaining Legal Clearance:

Before proceeding, intended parents must obtain the following:

• Certificate of Essentiality from a competent authority.

• Certificate of Eligibility proving they meet the criteria under the law.

2. Medical Evaluation:

The surrogate mother and intended parents undergo medical screening at a certified fertility clinic such as Surrogacy Centre India, led by Dr. Shivani Sachdev Gour, a renowned fertility expert in Delhi.

3. Surrogacy Agreement:

A legally binding agreement is signed between the intended parents and the surrogate mother, covering:

• Medical and legal responsibilities

• Insurance and healthcare expenses

• Post-birth parental rights

4. Embryo Transfer and Pregnancy Care:

Once all approvals are in place, the embryo transfer procedure is carried out at the fertility clinic. The surrogate mother receives prenatal care under expert supervision.

5. Birth and Parental Rights:

Post-delivery, the newborn is handed over to the intended parents, and they receive a birth certificate with their names as legal parents.

Conclusion

The Surrogacy (Regulation) Act, 2021, has reshaped the landscape of surrogacy in India, ensuring ethical and regulated practices. If you are considering altruistic surrogacy in Delhi, consult experts like Dr. Shivani Sachdev Gour at Surrogacy Centre India, recognized as one of the best surrogacy centre in India. With the right legal guidance and medical support, altruistic surrogacy continues to provide a pathway to parenthood for many hopeful couples.