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Surrogacy Laws in India

Commercial surrogacy is legal in India for Indian citizens. Surrogacy in India is unregulated as there are no laws framed to regulate its services. In 2005, the ICMR (Indian Council of Medical Research) had framed guidelines for ART (Assisted Reproductive Technologies), but the legislation has yet to be taken up in Parliament. Now the present government has prepared a new draft, the Assisted Reproductive Technologies (Regulation) Bill, 2014, under which, only Indian couples and non-resident couples that include an Indian citizen are allowed to hire surrogates.

Legalities and Baby Exit Process

The following are covered in the legal papers which are drawn up between the patient and the surrogate mother with a dedicated lawyer (different for domestic and international clients) :

  • Surrogacy Agreement as per ICMR guidelines
  • Affidavit of Surrogate Mother’s Husband relinquishing rights on the child
  • Terms & Conditions of the Surrogacy as per ICMR guidelines
  • Declaration of Intent
  • Endorsement by the ART Clinic, details of IVF procedure, confirmation of gametes used by the IVF doctor (own eggs / donor eggs, husband’s sperm / donor sperm)

Legal Process

Surrogacy laws in India are favourable to the Indian couples. The agreements are signed by the respective parties and notorized Personal information required for the agreements includes name, age, address of the surrogate mother, her husband and their parents if mother is single, name, age, address of the genetic parents (infertile couples), name and address of the doctor and IVF clinic, name, age, address of the third party coordinator, witnesses and the lawyer.

Issuance of Birth Certificate

As soon as the child is born, the records of the birth are sent by the Hospital to the Birth Certificate Issuing authority. The birth certificate is prepared in the name of the genetic parents as per ICMR guidelines. In case of foreign nationals, after the Birth Certificate is received, an Application is filed for Citizenship and issue of Passport at the respective Embassy along with required documents.

FRRO AND Exit Process

After the issuance of Passport, an Application is filed with Ministry of Home affairs (MHA) for Exit Visa and then with Foreign Regional Registration Office (FRRO) for exit clearance.

Finally after obtaining the Exit Visa, the Intended Parents can leave India for their respective country with their child/children.

Our Services

Our legal team assists with all documents for medical visa, surrogacy contract and taking your baby back home.

  • Help you on Legal Audit and Risk Assessment
  • Arrange a Pre Surrogacy Legal Counseling
  • Representing Intended Parents
  • Surrogate Mothers Referential database
  • Counseling for Surrogate Mother
  • Surrogacy Agreement
  • Legal Review of Contract
  • Surrogacy Arrangement Contract

Surrogacy Laws in the World

Country Commercial Altruistic Allowed elsewhere Complete ban
India Yes Yes Yes No
Australia No Yes Yes No
USA No Yes Yes No
France No No No Yes
Georgia Yes Yes Yes No
Israel Yes Yes Yes No