Surrogacy Laws in India

Surrogacy Laws in India

India was once a favourite destination for surrogacy treatment in all over the world due to its cost-effective treatment. But presently, India is on this way to regulate its Surrogacy laws to terminate commercial surrogacy.

Surrogacy Bill, 2016 is presented in Lok Sabha (the Lower House) in the year 2016. Then, a parliamentary committee was set up in the year 2017. After a two-year long debate on the Surrogacy Bill in parliament, it was finally passed by Lok Sabha in December 2018. This bill is currently pending in Rajya Sabha (the Upper House). In India, a bill turns into a law only after it passed by Lok Sabha, Rajya Sabha, and acknowledge by the President of India.

Surrogacy laws that are currently in force and to be operative in future are listed below. This explains a current scenario of Surrogacy laws in India.

Key Points of Surrogacy Laws in India

In India, previously no parliamentary laws were in effect regarding surrogacy. Only, directions from the Supreme Court were in operation. Surrogacy Bill, 2016 passed by Lok Sabha in December 2018 and pending in Raya Sabha for approval. The following are some important key points of the bill.

  1. The bill provides the constitution of National Surrogacy board and State Surrogacy board for regulation of Surrogacy process.
  2. It tends to make commercial surrogacy illegal and unethical practices related to surrogacy banned. Just Altruistic Surrogacy, in which no financial benefits to the surrogate mother other than the medical expenses, is allowed.
  3. It only allows surrogacy procedure for infertile Indian citizens. Thus, Foreign couples, NRIs, and PIOs are not allowed for surrogacy.
  4. The bill is not permitting LGBT couples, single parents, and the couples already having children for surrogacy.
  5. The couple seeking surrogacy should posses a certificate of essentiality issued by appropriate authority.
  6. The bill illustrate that the women can only surrogate once in her life time.
  7. The age of surrogate mother should be between 25 to 35 years.
  8. The intended parents should be married for five years and aged between 23 to 50 years.
  9. The couple commissioning surrogacy is required to furnish an undertaking that they would take care of the child/children born through surrogacy.
  10. The couple should produce a duly notarised agreement between the applicant couple and the surrogate mother.
  11. The treatment undergoing surrogacy should be done only at one of the registered Surrogacy clinics recognized by ICMR.
  12. The couple should have certificate from the clinic regarding the fact that their liabilities towards the Indian surrogate mother fully discharges as per the agreement.
  13. It contains the provisions of penalty and imprisonment if the person violated the law.
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