New Surrogacy Laws in India (1)

New Surrogacy Laws in India

What is Surrogacy?

Surrogacy is a process in which a woman helps you by carrying your child in her womb and handovers your child to you after delivery in lieu of either a financial compensation or as per mutually agreed terms in the surrogacy agreement.
Surrogacy is the line of treatment for couples who have already tried every fertility treatment possible but still were unable to conceive or deliver a child or in cases where mother is unable to carry the pregnancy till term due to any other medical condition. The new surrogacy laws in India changed the way surrogacy is done now a days.
In India only gestational Surrogacy is allowed which means the woman that gives the egg cannot carry the pregnancy. The egg needs to come either from intended mother or from an egg donor and the resultant embryos are carried by another woman who is your surrogate.

New Surrogacy Laws in India 2021

The exploitation of surrogates in some remote parts of the country forced the government to throw out commercial surrogacy from the system and introduce altruistic surrogacy wherein a woman helps you by carrying your child without taking any financial compensation or gifts. The surrogacy law 2021 changed the complete scenario of surrogacy in India.
Now the intended parents who didn’t have a friend or a family relative ready to be a surrogate for them are stuck as the government wont allow them to legally proceed for surrogacy.
On one hand the government says the surrogate needs to be somebody known to you but the society on the other hand doesn’t allow for the same. A sister cannot carry her brother’s child and a sister in law cannot carry an embryo made with her brother in law’s sperm. So who is going to be your surrogate mother? Call +91-8448-8412-71 now to understand How to choose your surrogate mother.

Surrogacy Law in India 2021 simplified

Lets understand the new surrogacy laws in India and how you can still go for surrogacy in India.
The new act aims to constitute National ART & Surrogacy board, State ART & Surrogacy board and appointment of appropriate authorities for regulation of the practice & process of surrogacy.
We have simplified the guidelines mentioned in the Official Gazette signed under the Surrogacy Regulation Act 2021 so that you can understand the process better.

In simple words, there are three main pre requisites for starting surrogacy process in India as per the New Surrogacy Laws in India (2021)

1) Certificate of essentiality : Issued for the Intending couple by the appropriate authority only after they already have the following:
a) Certificate of Medical Indication : Issued by District Medical Board in favor of one or both the members of intending couple / Intending woman necessitating gestational surrogacy.
b)An order of Parentage and Custody of the child to be born through surrogacy passed by court of Magistrate of first class and above.
c) Insurance coverage of amount as prescribed in favor of surrogate mother for a period of 36 months covering all post partum complications.

2) Certificate of Eligibility for the Intending couple: Issued by the appropriate authorities only after fulfillment of following conditions:
a) The couple should be married for over 5 years.
b) The age limit for Surrogacy is 23 to 50 yrs for females and 26 to 55 yrs for males.
c)They should have never had a surviving child biologically or through adoption. if the intended couple has a child but the child suffers from any life threatening disease or is physically or mentally disabled then they are eligible to proceed for surrogacy.
d)The couple should be of Indian Origin
e) Medical indication necessitating gestational surrogacy.
f) Cannot abandon the child born through surrogacy.

3)Certificate of Eligibility for Surrogate mother – Issued by the appropriate authorities only after fulfillment of following conditions:
a) Surrogate mother should be between 25-35 yrs of age
b) She should be married
c) She should have delivered at least one child in her life before becoming a surrogate mother.
d)Can act as a surrogate mother only once in her life
e) Cannot provide her own gametes for the process
f)is in possession of a certificate of medical and psychological fitness from a Registered Medical Practitioner.

Ekmi Fertility prides itself on being the most successful top surrogacy centre in Delhi and all over India. We have the highest IVF and surrogacy success rates. The Cost of surrogacy treatments in Delhi ranges from Rs. 14 lakhs to Rs. 16 lakhs depending upon the program you choose. If the intended parents don’t have a surrogate, we will take care of it as well. Ekmifertility has a huge pool of surrogates who are pre screened and ready to help the intended parents,
Call +91-8448-8412-71 now to check your Eligibility.

To know more about the new surrogacy laws in India, to check your eligibility or to get a free legal consultation, please call or Whatsapp on +91-8448-841-271 .

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