Legality of Surrogate in India:

There is no national policy regarding surrogacy. Each state has come up with their own legal approach to this relatively new method of procreation. The laws vary from making surrogacy contracts enforceable to criminalizing all forms of commercial surrogacy. In India there is no such law till date Nov. 2005.

Commercial surrogacy is legal in India. Surrogacy in India is unregulated as they yet don’t have legislation controlling surrogacy although the Indian Council of Medical Research (ICMR) has set “national guidelines” to regulate surrogacy, these are simply guidelines. All that this means is that surrogate mothers need to sign a “contract” with the childless couple.

ICMR guidelines for surrogacy:

• A surrogate mother can be procured through references from relatives, doctors or semen banks. However, negotiations between the couple and the surrogate mother must be conducted independently.
• Payments of surrogate mothers should cover all genuine expenses associated with pregnancy. Documentary evidence of financial arrangement for surrogacy must be available.
• Advertisement regarding surrogacy should not be made through the Assisted Reproduction Technology (ART) clinic. The responsibility of finding a surrogate mother, through advertisements or otherwise, should rest with the couple, or a semen bank.
• A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure that the woman satisfies all treatable criteria to go through a successful full-term pregnancy.
• In Indian context, a known person as well as a person unknown to the couple may act as a surrogate mother.
• No woman may act as a surrogate more than thrice in her lifetime.

Due to so much darkness in the law of each part of globe and India we are helping childless couples world over to navigate through the dark emotional passages of surrogacy, egg donation and embryo donation.

Surrogacy law in India is still in the premature stage and is coping up with the world position. India is part of the club of very few countries who have permitted Commercial Surrogacy..

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