Legal Aspects of Surrogacy

While surrogacy is beautiful process, one that gives birth to a new life and brings happiness and joy to life of many parents, it's a trifle complicated process, as involvement of the surrogate mother is a point of apprehension and worry for many intended parents. Hence to make the surrogacy process legally valid, and for ensuring complete ease of mind for both the intended parents as well as the surrogate mother, legal documents and procedures have been set in place. This ensures that all the formalities are fulfilled and both the parties to the legal agreement are aware of the intricacies of the procedure and have decided on the cost/ expense and such other details and are in full agreement with each other

Surrogacy Agreement:

  • Agreement between the intended parents and the surrogate detailing the willingness of both the parties to undertake this procedure. This is the most crucial legal documents in the surrogacy process, as this forms the legal foundation of the entire surrogacy agreement between the intended parents and the surrogate
  • This agreement will also specify details like the cost/expense that will be incurred by the intended parents, the precautions/ check-ups the surrogate will be bound to undertake, any special request on which both the intended parents and surrogate have agreed to
  • This legal agreement is prepared by our legal expert's team, ensuring that it is legally valid and secures both the intended parents and the surrogate

The Legal Scenario in India

  • India's Supreme Court has legalised Commercial surrogacy since 2002. This combined with the excellent medical facilities in India have made India a hotspot for Surrogacy requirements.
  • To make the entire surrogacy process smoother and more stringently supervised, Indian Parliament is in the process of finalizing Surrogacy Bill.
  • Furthermore to this Indian Council of Medical Research came out with a draft for the ART (Assisted Reproductive Technique) Guidelines, which forms the base for most of the Surrogacy and IVF Centres in India.
  • A baby born through surrogacy in India does not receive Indian citizenship by virtue of birth in India. Citizenship of the baby is same as that of it parents. For example: A couple from USA come to India to have a baby through surrogacy. Once the baby is born, the couple needs to get in touch with their countries consulates/ high commissioner in India and local visa authorities in USA and make requisite arrangements for the visa/ passport and citizenship of the child as being a citizen of Unites States of America.
  • As per Indian laws, the birth certificate of a bay born through surrogacy contains the name of the intended parents itself, nowhere is the name of the surrogate mother mentioned.
  • Indian laws allow single parent as well as same sex couples too to avail the surrogacy procedure. This is a makes India a favourable destination for single parents as well as same sex couples, who are barred from option surrogacy procedures in many countries.

People to stay in touch with:

  • Your doctors in your home country
  • Yours Doctors in India
  • Surrogate Mother
  • Your Countries' Consulate/ High Commissioner in India
  • Local Visa authorities in your country

To know more about any legal formalities/ documentation you require in regards to Surrogacy please feel free to get in touch with us. We welcome your questions.

Legal Aspects of surrogacy are quite important. However, Legal Aspects of surrogacy sound more scary than they actually are.

Maintaining a complete transparency between the surrogate and the intending parents is the key.

We have tied up with a legal firm which specializes in the Legal Aspects of surrogacy.

They work on a turnkey basis. They take of all the paper work for the surrogacy, recording of the interview of the surrogate, DNA check of the child after the surrogate mother delivers, assisting in the visa if the need be.

This will keep your mind at rest while going through surrogacy.


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