Altruistic Surrogacy: Is Surrogacy Legal in India?

In recent years, surrogacy has gained immense popularity as an assisted reproductive technique that allows couples to have a biological child despite the woes of infertility. Surrounding the topic of surrogacy in India are a vast range of legal and ethical issues such as the exploitation of surrogate mothers, the commodification of women's bodies, and the welfare of the child born through surrogacy.

However, unlike commercial surrogacy, altruistic surrogacy is permitted by law under certain conditions.

IS SURROGACY LEGAL IN INDIA?

Under the Surrogacy (Regulation) Act 2021, altruistic surrogacy is legal in India. Altruistic surrogacy is a type of legal agreement wherein the surrogate mother willingly obliges to the surrogacy process without the exchange of any monetary compensation beyond the reimbursement of any basic medical expenses incurred during the course of the agreement.

In other words, no charges, remuneration or monetary incentive of any kind except medical expenses and insurance coverage for the surrogate mother can be entertained in an altruistic surrogacy.

Under the Surrogacy (Regulation) Act, altruistic surrogacy is only allowed for heterosexual couples who have been legally married for at least five years and are unable to have a child naturally. Additionally, the Act also established organisations like the National Surrogacy Board and State Surrogacy Boards to oversee the practice of surrogacy in India by ensuring the welfare of the surrogate mother and the child born in an surrogacy arrangement through well-defined laws.

It also lays down penal provisions in case of contravention of the provisions of the Act. Any person who engages in illegal activities involving the commercialisation of surrogacy will be punishable with imprisonment for a term which may extend to ten years or a fine which can be as high as ten lakh rupees!

SURROGACY AGREEMENT AND ARRANGEMENT

The surrogacy process in India involves several steps, including counselling and other legal formalities. Both the intended couple and the surrogate mother must enter into a surrogacy agreement that outlines the rights and obligations of both the parties involved. Some important things to note in this regard are:

• The surrogate mother must provide written consent for the surrogacy arrangement in a legal surrogacy agreement.

• The intended parents must also obtain a certificate of “essentiality” proving their eligibility to avail surrogacy services and a certificate of eligibility from a medical practitioner before entering into an altruistic surrogacy arrangement.

• The surrogate mother has the right to medical care and assistance during the surrogacy period, and the intended parents are responsible for all medical expenses related to the surrogacy.

If you’re looking for case-specific assistance to get started with your surrogacy journey, feel free to contact us now. We, at Sunil Khattri & Associates, provide end-to-end assistance for all legal procedures essential to the surrogacy agreement.

CONCLUSION

In conclusion, altruistic surrogacy in India is a viable option for intended couples who are unable to conceive children and would like to explore the possibility of surrogacy. The legal framework governing surrogacy in India is a work in progress to ensure that both the surrogate and the intended couple can enjoy equal protection of rights and welfare.

We hope that this blog provides comprehensive and insightful information on altruistic surrogacy in India. For more such details, you can feel free to contact us now!

CONTACT US

With our team of experts at Sunil Khattri & Associates, you can avail the best experience and expertise to start your altruistic surrogacy journey in India on the right footing, where all your legal and ethical concerns are addressed.

Contact us today to learn more about how we can help!