Altruistic surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, which strictly regulates who can access surrogacy services. This form of surrogacy does not involve any monetary compensation to the surrogate mother except for medical and insurance expenses. The act aims to prevent the commercialization of surrogacy and protect the rights of all parties involved—especially the surrogate mother and the child.
Eligibility Criteria for Intended Parents
To opt for altruistic surrogacy in India, intended parents must meet the following eligibility conditions:
1. Married Indian Couple
Only legally married Indian heterosexual couples are allowed to pursue altruistic surrogacy. Live-in partners, single individuals, and same-sex couples are not permitted under the current law.
2. Age Criteria
Female partner must be between 25 and 50 years of age.
Male partner must be between 26 and 55 years of age.
3. Indian Citizenship or OCI
Both partners must be Indian citizens or hold the status of Overseas Citizen of India (OCI).
Foreign nationals, NRIs without OCI status, and foreign couples are not eligible.
4. Medical Indication for Surrogacy
The couple must have a proven medical need that prevents the woman from carrying a pregnancy to term. This includes conditions such as absence of uterus, repeated IVF failures, or life-threatening medical conditions.
5. No Biological or Adopted Children
The couple must not have any surviving biological or adopted child of their own.
Exception: If they have a child who is mentally or physically challenged or suffers from a life-threatening disorder, they may still qualify.
Additional Requirements
A certificate of infertility must be issued by a government-approved medical board.
The couple must be married for at least five years.
Legal and medical documents must be approved by appropriate authorities before beginning the process.
Conclusion
Altruistic surrogacy in India is designed to support couples with genuine medical needs while maintaining ethical standards. If you meet the eligibility criteria and are considering surrogacy, it’s important to consult with a registered surrogacy clinic and legal experts to ensure compliance with all legal and medical requirements.
Get in touch for a Free Surrogacy Consultancy for surrogacy guidelines in India:
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