Surrogacy offers hope to countless couples and individuals
who struggle with infertility. However, understanding the legal aspects of
surrogacy is crucial to ensuring a smooth and legally compliant process. In
India, surrogacy is regulated by the Surrogacy (Regulation) Act, 2021,
which sets clear guidelines for intended parents, surrogate mothers, and
surrogacy clinics.
The Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021 was introduced to
protect the rights of both surrogate mothers and intended parents while
preventing unethical practices. It strictly allows altruistic
surrogacy and bans commercial surrogacy. Key features of the law include:
- Eligibility
Criteria for Intended Parents: Married couples who are Indian citizens
with proven infertility. The age limit is 25 to 50 years for women and 26
to 55 years for men.
- Eligibility
Criteria for Surrogate Mothers: The surrogate must be a close relative
of the intended parents, married, and have at least one child of her own.
- Prohibition
of Commercial Surrogacy: Only altruistic surrogacy is allowed where
the surrogate receives no monetary compensation except for medical
expenses and insurance coverage.
- Legal
Documentation: A surrogacy agreement must be legally documented,
detailing the consent, responsibilities, and rights of all parties
involved.
Legal Process for Surrogacy
- Consultation
and Medical Evaluation: Intended parents must undergo medical
evaluations at registered fertility clinics like Surrogacy Centre India
to confirm infertility and assess suitability for surrogacy.
- Legal
Agreement Preparation: The intended parents and the surrogate mother
must sign a legally binding agreement prepared by legal experts, covering
aspects like parental rights, financial obligations, and medical care.
- Approval
from Regulatory Authorities: In India, approval from the appropriate
authorities is necessary before proceeding with the surrogacy process.
- Parental
Rights: Once the child is born, the intended parents have full legal
rights, provided the legal process is correctly followed.
Why Legal Guidance Is Important
Navigating the legal aspects of surrogacy can be complex.
Professional legal advice ensures that:
- All
parties understand their rights and responsibilities.
- Legal
documentation is accurately prepared and approved.
- Compliance
with current laws and regulations is ensured.
Choosing the Right Surrogacy Centre in Delhi
For a legally sound and successful surrogacy journey, it's
essential to choose the best
surrogacy centre in Delhi. Reputable clinics like Surrogacy Centre
India provide comprehensive support, including legal guidance, medical care,
and emotional counseling.
Conclusion
Understanding the legal aspects of surrogacy is essential for a smooth journey toward parenthood. Consulting legal experts and choosing a trusted fertility clinic like Surrogacy Centre India can help ensure compliance with all legal requirements, making your surrogacy experience safe, ethical, and successful.
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