Building a family is not always a straight path. For many couples and individuals, that route takes them to IVF and surrogacy – arguably the most impactful options available from modern medicine. We have walked this path with hundreds of families at Ekmi Fertility and understand that the paperwork can actually be as overwhelming as your emotions. Of all the documents you need to think about and prepare, I can assure that one document should never go unnoticed: your surrogacy contract.
Why The Contract Is More Important Than You Think
In India, the remaining legal way is through altruistic surrogacy – the only legal avenue allowed under the laws governing surrogacy (primarily by which provides a framework for all forms of domestic surrogacy in India) commercial surrogacy is prohibited. The surrogate mother carries the child in this case out of compassion, not compensation. This contract protects the interests of every participant within this arrangement-the surrogate, the child, and the intended parents.
In order for a surrogacy contract to hold in court it must:
- Time limit: to be registered and carried out in front of a notary or competent authority
- An acknowledgement signed prior to any procedure performed
- When screened and approved by the corresponding surrogacy board
- Clarity of medical bills, insurance and post-partum responsibilities for the birth
What the Contract Actually Covers
Consider the surrogacy agreement as a mutual protection document Here’s what it typically includes:- The rights and obligations of both parties
- Allowed medical related expenses in surrogacy packages
- Pregnancy insurance by the surrogate mother
- Parental rights – who the child is legally owned by from birth
- Confidentiality obligations
