Surrogacy

a. Basic concepts:

b. Gestational surrogacy

In "gestational surrogacy" (also know as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother. The surrogate mother may be called the gestational carrier.

1.Altruistic surrogacy

"Altruistic surrogacy" is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses).

2.Commercial surrogacy

"Commercial surrogacy" is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb.

1.Eligibility for a surrogate mother:

As per the National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India drafted jointly by the Indian Council of Medical Research (“ICMR”) and National Academy of Medical Sciences (India) following are the conditions that a woman must satisfy to become a surrogate mother:

a.A surrogate mother should not be over 45 years of age.

b.Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full-term pregnancy.

c.A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate.

a. No woman may act as a surrogate more then thrice in her lifetime.

 

III. Our help:

a. We draft the agreement between the intended parent/s and the surrogate mother.

b.Court proceedings where parental rights are disputed.

c.Other related legal services and legal representation if required to help you in establishing your legal rights for your child.

1.Legal aspect:

2.THE ASSISTED REPRODUCTIVE TECHNOLOGIES (REGULATION) BILL - 2010

Purpose of the bill:

a.The bill attempts to regulate the functioning of such clinics to ensure that the services provided are ethical and that the medical, social and legal rights of all those concerned in ART procedures are protected.

b.The bill details procedures for accreditation and supervision of infertility clinics (and related organizations such as semen banks) handling spermatozoa or oocytes outside of the body, or dealing with gamete donors and surrogacy, ensuring that the legitimate rights of all concerned are protected, with maximum benefit to the infertile couples/individuals within a recognized framework of ethics and good medical practice.

Current legal status of the bill:

a.The draft ART Bill was formulated in 2008, reviewed and redrafted in 2010 & 2014 but was never passed as law and hence it does not have the binding force.

b.You may read the Bill and Rules in the Assisted Reproductive Technologies Section in the Guideline Part of ICMR’s website.

1.THE SURROGACY (REGULATION) ACT, 2016

Purpose of the bill:

a.The bill attempts to constitute National Surrogacy Board, State Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental thereto.

Current legal status of the bill:

a.The Bill has not been passed by both the houses of the parliament and hence has no binding force at this point in time.

b.You may read the Bill on the official website of Rajya Sabha and Lok Sabha.