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Surrogacy Laws in India: A Comprehensive Legal Guide for Intended Parents

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

  1. 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.
  2. 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.
  3. Approval from Regulatory Authorities: In India, approval from the appropriate authorities is necessary before proceeding with the surrogacy process.
  4. 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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Location: New Delhi, Delhi, India

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