Bringing HOPE HOME: Your Altruistic Surrogacy journey begins here
Frequently Asked Questions
Altruistic Surrogacy in India
Q. What is surrogacy?
Surrogacy is a procedure wherein a woman, known as the surrogate, carries a child for another couple, commonly known as the intended couple, or individual using Assisted Reproduction Technology (ART) without retaining any parental obligations after the birth.
Q. Is surrogacy legal in India?
Yes, surrogacy is a legal procedure in India. The Surrogacy (Regulation) Act 2021 is one of India’s first steps towards regulating the practice of surrogacy in India. It provides for the establishment of a legal framework for altruistic surrogacy and ensures the protection of rights for both the intended couple and the surrogate mother.
Q. What is altruistic surrogacy?
A surrogacy arrangement where the surrogate mother willingly provides her consent to hand over her biological child to the intended couple without receiving any financial compensation beyond reimbursement for expenses related to the pregnancy and birth is called altruistic surrogacy.
Commercial surrogacy where the surrogate mother avails economic benefits and compensation is NOT legal in India.
Q. Who is eligible to apply for altruistic surrogacy in India?
According to surrogacy laws in India, married couples having sustained over 5 years of relationship or a couple having obtained an ‘essential’ certificate of proven infertility from a District Medical Board are eligible for availing altruistic surrogacy. Furthermore, they shouldn’t have any living children not inclusive of children having mental and physical disabilities. Click here to know more about other important eligibility criteria for surrogacy in India.
Q. How long does a surrogacy legal agreement last for?
Surrogacy screening and the legal process in India can take anywhere between 90-120 days and the agreement is valid till the end of the surrogate’s gestational period. Additionally, an altruistic surrogacy arrangement also involves a 16-month insurance coverage for any postpartum medical complications for the surrogate mother.
Q. How can you avail a surrogate in an altruistic surrogacy arrangement?
According to the Surrogacy (Regulation) Act 2021, only an ever married woman between the age of 25 and 35 who has a child of her own is eligible to volunteer as a surrogate. She must also possess a health certificate deeming her physically and physiologically fit for surrogacy. It is important to work with an experienced attorney to ensure that all legal requirements are met. To seek further assistance with the altruistic legal surrogacy process in India, contact Sunil Khattri & Associates today!
Q. How much does surrogacy cost in India?
Altruistic surrogacy, unlike commercial surrogacy, doesn’t require the intended couple to pay any compensation to the surrogate mother for anything beyond the reimbursement of medical expenses during the course of the pregnancy.
Q. From where can I learn more about altruistic surrogacy in India?
It is important to seek support and information to help navigate the emotional and practical challenges of the surrogacy process. Apart from exploring support groups, online forums and counseling services, you can feel free to contact us to know more about altruistic surrogacy in India.
ART Related Legal Issues
Q. What kind of problems can happen during IVF or ART procedures?
Sometimes there can be issues like wrong embryo transfer, poor communication from clinics, problems with freezing or storing embryos, or unclear legal paperwork for egg/sperm donation.
​
Q. Can I take legal action if a clinic made a mistake with my embryo?
Yes. If there has been a mix-up or negligence, you may have the right to file a legal complaint or claim compensation. We help you understand your rights and the best steps forward.
​
Q. I signed a lot of forms before treatment. Do they mean I can’t take action now?
Not necessarily. Even if you signed forms, the clinic is still responsible for providing correct information and proper care. We review the paperwork and explain what your options are.
Q. Is there a time limit to raise a complaint about an IVF-related issue?
Yes, there are legal time limits depending on your case. It’s best to speak to us as soon as possible so we can guide you before any deadline passes.
Q. Do I have to go to court for these cases?
Not always. Many issues can be solved by writing to the clinic or using legal mediation. But if needed, we can also help you take the matter to court.
Q. Can I complain if I feel the clinic didn’t explain things properly?
Yes. If you weren’t given full or clear information before the procedure, it may be considered negligence or lack of informed consent. You have the right to understand everything before treatment.
Q. Will you explain everything in simple language? I don’t understand legal terms.
Absolutely. Our goal is to make legal help easy and clear. We explain everything step-by-step so you feel informed and confident throughout the process.
​