India Surrogacy Rules: A Layman’s Synopsis For All

Surrogacy is a wonderful option for couples who can’t have a baby the old-fashioned way to become parents. There are stringent rules laid down for surrogacy in India so no body is wronged and nobody is misused. Here’s what you need to know, in plain words.

What is Surrogacy?

Surrogacy is the practice of a woman (called a surrogate mother) bearing a child for another person or couple because that person or couple could not bear the child themselves for various reasons (the intending parent(s) ). This is commonly done when the prospective mother can not produce eggs of her own.

The Law: Surrogacy to be purely Altruistic

India has outlawed commercial surrogacy. This would prevent the surrogate from being paid cash for the baby, only medical bills, and some insurance.

Only altruistic surrogacy is legal. Here, it’s to help; here, the surrogate is not being paid for it.

The sector ruled that surrogacy in India can only be done by Indian citizens or those with OCI (Overseas Citizen of India) status.

Who Can Be Intending Parents?

Surrogacy is not available to everyone in India. Here are the rules for couples who want to make a baby this way:

• Must be married: The couple you are applying for must be legally married.
• Age restrictions: Husband must be between 26 and 55, wife between 23 and 50.
• Health check: No certificate required; Just need to attach records with a marriage registration.
• No other children: The couple should have no living children from each other from this marriage, either naturally born or adopted.
• Period of marriage: The couple must have been married for at least five years.
• Single Women- Can avail surrogacy if she is either a widow or divorced in the age group of 35 -45 years.

Kommareddy Hospitals, Best surrogacy center in Hyderabad: Snehita Women’s who are interested in surrogacy, Must meet the requirements mentioned by ICMR. They are not allowed if they have a child from a previous relationship.

No single men or same-sex couples: Only married couples with a woman who cannot carry a baby are permitted.

Who Can Be a Surrogate?

Certain rules also limit the woman who can carry the baby:

• Related to the intending parents, such as a sister.
• Married: She has to be married and own at least one child.
• Age: She must be 25 to 35 years old.
• Just once: she may be a surrogate only once in her lifetime.
• No payment: She is not to be paid unless she needs to be paid for medical expenses.

The Legal Process

Everybody has some important steps to follow:

• Permission: The parents-to-be have to obtain a certificate from a government board that says they are eligible to have a baby through the agency of a gestational carrier.
• Insurance: The surrogate mother must be insured with medical insurance for the term of the pregnancy.
• Agreement: There should be a formal written agreement between the surrogate and the intending IP’s, which is also registered.
• Parental rights: The baby is legally the child of the intending parents at birth, and their names are on the birth certificate.
• No abortion or abandonment: Once the baby is born, the intending parents cannot abandon it for any reason.

What’s Not Allowed?

• Commercial surrogacy: No one can give or receive payment for surrogacy as a business. This is against the law and could mean jail and a hefty fine.
• Choosing the baby’s sex: You can’t choose whether the baby will be a boy or a girl.
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