Surrogacy offers hope to couples struggling with
infertility, but navigating its legal complexities can be daunting. With
altruistic surrogacy being the only legal option in India under the Surrogacy
(Regulation) Act, 2021, intended parents and surrogate mothers face several
legal challenges.
The Legal Framework for Surrogacy in India
India permits only altruistic
surrogacy, which prohibits commercial arrangements. This means
surrogate mothers can only receive compensation for medical expenses and
insurance. Intended parents and surrogates must comply with strict eligibility
criteria and obtain approval from regulatory authorities before starting the
process.
Key Legal Challenges in Altruistic Surrogacy
- Complex
Eligibility Requirements:
Both intended parents and surrogate mothers must meet specific criteria. For instance: - Intended
parents must be Indian citizens, legally married, and within prescribed
age limits.
- Surrogate
mothers must be married women aged 25–35 years with at least one
biological child.
Navigating these rules without proper legal guidance can lead to delays or disqualification. - Documentation
and Approvals:
The surrogacy process requires extensive documentation, including proof of infertility, medical reports, and agreements between parties. Approval from the appropriate surrogacy board is mandatory, and any error in documentation can result in rejection. - Contractual
Obligations:
A legally binding agreement is essential to define the rights and responsibilities of both parties. This includes terms related to medical care, compensation, and custody of the child. Drafting a legally sound contract requires expertise in surrogacy laws. - Legal
Rights and Disputes:
Disputes can arise over custody, medical decisions, or terms of the agreement. Without an expert lawyer, resolving these issues can be challenging, especially in cases involving cross-jurisdictional complications. - Compliance
with the Surrogacy (Regulation) Act:
Ensuring full compliance with the act is critical for all parties. Non-compliance can result in penalties, including legal disqualification from proceeding with surrogacy.
The Role of Lawyers in Altruistic Surrogacy in Delhi and
India
Hiring an experienced lawyer specializing in altruistic surrogacy in India
is indispensable for overcoming these challenges. Their expertise ensures:
- Legal
Counseling: Lawyers provide guidance on eligibility, documentation,
and legal responsibilities.
- Contract
Drafting: They draft clear, legally binding agreements to protect the
rights of all parties.
- Regulatory
Compliance: Lawyers ensure adherence to the Surrogacy Act, avoiding
potential legal pitfalls.
- Conflict
Resolution: In case of disputes, lawyers mediate and represent clients
to safeguard their interests.
Choosing the Right Surrogacy Centre in India
Collaborating with a reputable surrogacy centre in India
is equally important. These centers work closely with legal professionals to
provide end-to-end support for intended parents and surrogates. From medical
evaluations to legal documentation, they streamline the process to ensure
compliance with the law.
Conclusion
Navigating the legal landscape of altruistic surrogacy in Delhi and across India requires expert legal assistance. An experienced lawyer can simplify complex procedures, ensure compliance, and protect your interests throughout the surrogacy journey. Combined with the support of a trusted surrogacy centre in India, you can overcome legal challenges and focus on achieving your dream of parenthood.
