Surrogacy is an arrangement where a woman (the surrogate) carries a baby for another person or couple (the intended parent/s). It is an option for couples or individuals who are unable to conceive a child naturally or through other methods of assisted reproduction. India has been a popular destination for surrogacy due to its favourable laws, skilled medical professionals, and affordable costs. Here's everything you need to know about surrogacy in India.
The Cost of Surrogacy in India
Surrogacy can be a costly process, and the expenses involved can vary depending on several factors, including the clinic or agency used, medical procedures required, and compensation paid to the surrogate. Surrogacy in India is much cheaper than in other countries, with costs ranging from INR 10 lakhs to INR 25 lakhs or more. This price typically includes medical expenses, legal fees, and compensation for the surrogate mother. Some clinics may also offer additional services such as egg or sperm donation, which can add to the cost.
The Law on Surrogacy in India
India has specific laws and regulations governing surrogacy. Surrogacy is regulated by the Indian Council of Medical Research (ICMR) and the Ministry of Health and Family Welfare. In 2015, the Indian government made changes to the law that allowed only altruistic surrogacy, which means that the surrogate cannot be compensated beyond medical expenses and insurance coverage. Commercial surrogacy, where the surrogate mother is paid a fee, is illegal in India.
Additionally, the intended parents must be Indian citizens, married for at least five years, and have proven infertility. They must also obtain a certificate of essentiality and a certificate of eligibility from the appropriate authorities before starting the surrogacy process. Same-sex couples and single individuals are not eligible for surrogacy in India. The guidelines also state that the surrogate mother must be between the ages of 21 and 35, and she must have given birth to at least one child of her own. The intended parents must also undergo medical screening and counselling before the process can commence.
Legal Parentage
The legal parentage of the child born through surrogacy is governed by the Surrogacy (Regulation) Bill 2020, which has not been passed into law yet. However, according to the draft bill, the intended parents will be recognized as the legal parents of the child from birth, and the surrogate mother will have no rights over the child.
Conclusion
Surrogacy is an option for couples or individuals who are unable to conceive a child naturally or through other means of assisted reproduction. In India, surrogacy is regulated by the ICMR and the Ministry of Health and Family Welfare, and commercial surrogacy is illegal. The intended parents must be Indian citizens, married for at least five years, and have proven infertility to access surrogacy. The legal parentage of the child born through surrogacy is governed by the Surrogacy (Regulation) Bill 2020, which is yet to be passed into law. If you are considering surrogacy in India, it is essential to seek professional guidance and understand the legal and financial implications of the process.
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