Surrogacy Law in India

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    NectarIVF is a leading fertility clinic in India, specializing in advanced reproductive treatments, including surrogacy.

    Understanding surrogacy laws in India is crucial for intended parents to ensure a safe, legal, and smooth surrogacy journey. At NectarIVF, we provide expert guidance to help you navigate the legal framework while focusing on your dream of parenthood.

    Overview of Surrogacy Law in India

    The Surrogacy (Regulation) Act 2021 governs surrogacy in India. Key highlights include:

    • Types of Surrogacy Permitted: Only altruistic surrogacy is allowed, where the surrogate is not financially compensated beyond medical expenses. Commercial surrogacy is banned.

    • Legal Safeguards: The law protects the rights of the surrogate, intended parents, and the child.

    • Eligibility Criteria: The law sets strict eligibility for both intended parents and surrogates to ensure ethical and safe surrogacy practices.

    Eligibility for Intended Parents

    Intended parents must meet the following criteria under Indian law:

    • Must be married couples with a proven infertility diagnosis.

    • Age limits: Husband – 21 to 55 years, Wife – 23 to 50 years.

    • Should be Indian citizens (foreigners and single individuals are not eligible).

    Eligibility for Surrogates

    A surrogate mother must meet the following conditions:

    • Age between 25 to 35 years.

    • Must have one healthy child of her own.

    • In good physical and mental health, with no history of serious medical conditions.

    • Consent to the surrogacy process voluntarily.

    Legal Process and Documentation

    Legal compliance is essential for surrogacy in India. Steps include:

    1. Medical and Legal Screening: Both surrogate and intended parents undergo thorough health and legal assessments.

    2. Surrogacy Agreement: A legal contract is drafted outlining responsibilities, medical care, and consent.

    3. Court Approval: Certain cases require approval from the district-level surrogacy board.

    4. Birth Registration: The child is legally registered in the name of intended parents.

    Rights and Responsibilities

    • Surrogate Mother: Right to proper medical care and informed consent throughout pregnancy.

    • Intended Parents: Responsibility to support medical and legal requirements, and ensure ethical treatment of the surrogate.

    • Child: Has full legal rights as the biological child of intended parents.

    FAQs About Surrogacy Law in India

    Q1: Can single women opt for surrogacy in India?

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    A. No, only altruistic surrogacy is permitted under the 2021 Act.

    A. A woman can act as a surrogate only once in her lifetime.

    A. ART clinics ensure medical safety, compliance with the law, and proper record-keeping.

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    Testimonials

    What Our Patient Says

    My husband and I had been trying to have a child for nearly 3 years but we had 2 miscarriages. Then we decided to have IVF-ICSI from Nectar IVF, and we succeeded in the first attempt! We have been blessed with a beautiful baby girl, all thanks to Nectar IVF and its dedicated staff.
    Kajal
    Delhi
    Thank you, Nectar IVF for being a constant through our journey to parenthood. Without your guidance and support, we wouldn't have been able to complete our surrogacy and have baby Arjun in our arms.
    Ram & Sneha
    Chennai
    I have endometriosis and had gone through 3 miscarriages and 1 IVF failure, so naturally, my husband and I had lost hope. But then we heard about Nectar IVF. In the first video consultation, the doctor told us to give it one last try. Now, 1.5 years later we have twins- a boy and a girl, born via surrogacy.
    Radhika
    Pune

    Disclaimer:

    We adhere strictly to the legal guidelines set by the Government of India. Prenatal sex determination is illegal and a criminal offense under the PCPNDT Act. We do not support or participate in any form of prenatal sex selection. Any inquiries regarding sex determination will be reported to the authorities.

    We are also committed to upholding the principles of altruistic surrogacy, as outlined in the Surrogacy (Regulation) Act, 2021. We do not engage in commercial surrogacy. Our focus is on providing ethical and compassionate care throughout the surrogacy journey.