Is Surrogacy Legal in India?

Surrogacy has long been a topic of debate in India, with changing legal frameworks influencing how surrogacy is practiced and understood. For couples facing infertility or other challenges to natural conception, surrogacy offers hope. But the key question is: Is surrogacy legal in India? The answer is yes, but with significant changes that restrict certain types of surrogacies and promote a more regulated and ethical approach.

The Legal Landscape of Surrogacy in India

In recent years, surrogacy laws in India have undergone major transformations. The Surrogacy (Regulation) Act, 2021 has completely banned commercial surrogacy, which was previously prevalent in the country. Under this law, altruistic surrogacy in India is the only legally recognized form of surrogacy. This shift aims to protect the rights of both the surrogate and the intended parents by eliminating financial transactions and making surrogacy a voluntary, compassionate act.

What is Altruistic Surrogacy?

Altruistic surrogacy refers to a situation where a surrogate mother carries and delivers a baby for the intended parents without any financial gain. In this arrangement, the surrogate is only compensated for medical expenses and other pregnancy-related costs. The goal of the law is to ensure that surrogacy is not exploited for commercial reasons, and instead, it is approached as a selfless act by a woman helping others achieve their dream of parenthood.

Conditions for Altruistic Surrogacy in India

The Surrogacy (Regulation) Act has outlined specific guidelines for altruistic surrogacy. Some key conditions include:

1. Eligibility of Intended Parents: Only legally married couples, between the ages of 23 and 50 for women, and 26 and 55 for men, can opt for altruistic surrogacy. They must have proven medical infertility or conditions preventing natural conception.
2. Eligibility of the Surrogate: The surrogate must be a close relative of the intended parents, married, and have at least one biological child of her own. She cannot be a surrogate more than once in her lifetime.
3. Legal Agreement: A legally binding contract must be signed between the surrogate and the intended parents, ensuring that all parties are protected and clear on their responsibilities.
4. Surrogacy Centre: Only registered surrogacy centres in India are authorized to facilitate surrogacy procedures. This ensures that the process is carried out ethically and under strict legal supervision.

Why Altruistic Surrogacy?

The shift towards altruistic surrogacy in India is part of an effort to regulate the surrogacy industry, which was previously marred by reports of exploitation and commercialization. By restricting surrogacy to altruistic arrangements, the law aims to create a more ethical and humane practice, allowing surrogacy to fulfill its true purpose—helping families in need without financial incentives.

Surrogacy Centre India: Supporting Your Journey

For intended parents looking to explore surrogacy, it is essential to work with a registered and trusted facility. Surrogacy Centre India provides expert guidance and medical care throughout the surrogacy journey. The centre ensures that the legal guidelines are strictly followed and that both the surrogate and intended parents are supported with compassion and professionalism.

Conclusion

To answer the question, "Is surrogacy legal in India?": Yes, surrogacy is legal, but only in its altruistic form, under a well-defined legal framework that prioritizes the welfare of all parties involved. For couples considering surrogacy, understanding the legalities and partnering with a reputable centre like Surrogacy Centre India can help make the journey smooth and fulfilling. With altruistic surrogacy now the standard, intended parents can achieve their dreams of parenthood ethically and legally.