What are the legal requirements for altruistic surrogacy in India?

by Shivani Sachdev Surrogacy Centre India
Altruistic surrogacy is a practice where a woman voluntarily agrees to carry and deliver a child for intended parents without any financial compensation beyond the necessary medical expenses. In India, altruistic surrogacy has gained popularity, and the legal framework surrounding it is essential to ensure the rights and responsibilities of all parties involved. This article delves into the legal requirements for altruistic surrogacy in India, with a focus on the capital city, Delhi.

Legal Landscape in India: India has witnessed significant changes in its surrogacy laws to regulate and streamline the surrogacy process. The Surrogacy (Regulation) Act, 2021, was enacted to address the ethical, social, and legal concerns associated with surrogacy. Altruistic surrogacy is the only form of surrogacy allowed under this act, ensuring that it is driven by compassion and not financial motives.

Key Legal Requirements for Altruistic Surrogacy:

Eligibility Criteria:
  • Intended parents must be Indian citizens.
  • They should be married for at least five years and unable to conceive a child.
  • The intended mother should be between 23 and 50 years old, while the intended father should be between 26 and 55 years old.

Medical Fitness:
  • Both intended parents must undergo medical and psychological evaluations to ensure their fitness for parenthood.
  • The surrogate mother must also undergo thorough medical examinations to determine her physical and mental well-being.

Written Agreement:
  • A comprehensive surrogacy agreement, legally binding all parties, must be drafted and signed before the commencement of the surrogacy process.
  • The agreement should clearly outline the roles, responsibilities, and rights of the intended parents and the surrogate mother.

No Commercialization:
  • Altruistic surrogacy strictly prohibits any form of financial compensation beyond the necessary medical expenses.
  • Any exchange of money or benefit beyond medical costs is considered illegal and can lead to legal consequences.

Certification of Eligibility:
  • Before initiating the surrogacy process, the intended parents and the surrogate mother must obtain a certificate of eligibility from the appropriate authority.

Altruistic Surrogacy in Delhi: Delhi, as the capital city, follows the national legal framework for altruistic surrogacy. Prospective parents and surrogate mothers in Delhi must adhere to the guidelines outlined in the Surrogacy (Regulation) Act, 2021. Legal experts and surrogacy clinics in Delhi play a crucial role in guiding individuals through the legal requirements and ensuring compliance with the law.

Conclusion: Altruistic surrogacy in Delhi, India operates within a legal framework designed to protect the interests of all parties involved. Prospective parents and surrogate mothers must navigate the legal requirements carefully, seeking guidance from legal professionals to ensure a smooth and lawful surrogacy journey. By adhering to the legal stipulations, altruistic surrogacy can provide a viable and compassionate solution for couples facing challenges in starting a family.

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About Shivani Sachdev Advanced   Surrogacy Centre India

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Joined APSense since, September 10th, 2021, From New Delhi, Asia/Pacific Region.

Created on Feb 12th 2024 03:50. Viewed 129 times.


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