Surrogacy in India is currently not allowed for the international parents. Moreover, even the Indian intended parents have to abide by certain regulations in order to stay eligible for a surrogacy plan in the country.
On the other hand, every surrogacy program in the country must abide by the Surrogacy (Regulation) Bill, 2019, that was passed by the Indian Parliament to regulate surrogacy in India. Moreover, the bill aimed to address concerns related to commercial surrogacy and protect the rights and interests of surrogate mothers and children.
Understanding Surrogacy (Regulation) Bill, 2019
Purpose and Scope:
- The surrogacy regulation bill 2019 aimed to regulate altruistic surrogacy in India while dealing with the evils of the commercial surrogacy in the country
- The bill strictly prohibited commercial surrogacy, which involves monetary compensation beyond medical expenses for the surrogate mother in india
Eligibility Criteria:
- According to the bill, only married Indian couples, with at least five years of marriage, were eligible to seek surrogacy in India. Moreover, they should have a proven infertility certificate from a registered medical practitioner.
- Besides, individuals from the LGBTQ+ community, single parents, and foreigners were not allowed to pursue surrogacy in India.
Prohibition of Commercial Surrogacy:
The bill also prohibited commercial surrogacy in the country, making it illegal to undertake surrogacy for monetary gain or any form of advertisement, inducement, or exploitation by the agencies
It further aimed to prevent the commercialization of surrogacy while reducing the exploitation of women involved in the surrogacy process.
Promotion of Altruistic Surrogacy:
- Altruistic surrogacy, where no financial gain is involved apart from medical expenses, was allowed under the bill. Under this practice, the surrogate mother cannot be paid more than her medical expenses in the surrogacy program
- The intended parents could only seek surrogacy from a close relative who has been married and has had a child of her own.
- The surrogate mother must be an ever-married woman and should have a child of her own before becoming a surrogate.
Introduction of National Surrogacy Board and State Surrogacy Boards:
- The bill proposed the establishment of a National Surrogacy Board at the central level and State Surrogacy Boards at the state level to regulate and oversee surrogacy arrangements in the country
- These boards would be responsible for granting and revoking licenses for surrogacy clinics, monitoring their functioning, and ensuring compliance with the law.
Provisions for the Surrogate Mothers:
- The bill aimed to provide legal protection to surrogate mothers by ensuring their rights, safety, and well-being.
- Surrogates were entitled to receive necessary medical care and treatment during the pregnancy and post-pregnancy period at the expense of the intended parents.
Parental Rights and Abandonment:
- The bill recognized the intended parents as the legal parents of the child born through surrogacy in India
- It prohibited the abandonment of the child born through surrogacy and made it a punishable offense.
Intended parents must know that the bill is subject to regular amendments and changes and this is where they must consult with the legal professionals of IVF Point before making any decision.
Surrogacy cost in India
Talking about the surrogacy cost in India, it all depends on the type of surrogacy agency in India you have dealt with, number of IVF cycles performed during the treatment and other related aspects. Still, one may need to pay in between $80000 and $100000 to opt for a standard surrogacy program in this part of the world.
On the other hand, the same surrogacy cost in India would go higher if you are opting for an egg donor or a sperm donor for your specific case. This is where it is highly advisable to connect with our advisors to get the most ethical and affordable surrogacy option in India.
Why would you need a surrogacy agency?
Its evident that surrogacy in India may present some challenges and issues to the intended parents during the start. This may come due to the less awareness regarding all the regulations and laws in the country. That said, you may need a surrogacy agency to help you up during the same stage.
Apart from guiding you in the right manner, the agency will further help you in:
Surrogate search and matching
The first and most important task in a surrogacy programs is to search and match the best surrogate mother in India. While an intended parent cannot take care of the same task alone, you may connect with a surrogacy agency in India for end to end support.
Moreover, every intended parent comes aboard with different needs and expectations regarding the surrogate mother. So, to take care for all those personalized needs, you would require the professional services of a surrogacy agency.
Legal Advice and Documentation
Throughout the process, surrogacy agencies can offer helpful legal advice to the intended parents. They can aid in navigating the intricate legal system, draft and review surrogacy agreements, and guarantee adherence to all pertinent rules and laws. Moreover, the agency can help the child acquire the required legal records, such as birth certificates and passports.
Medical Coordination
Reputable fertility clinics and trained medical personnel partners with these surrogacy agencies. Moreover, they can help with organizing medical procedures like IVF, prenatal care, and delivery as well as fertility treatments. Also, throughout the process, the agency can make sure the surrogate mother receives the necessary medical attention.
Counseling
There is every chance that both intended parents and surrogate mothers may find the surrogacy process emotionally taxing. Hat said, all parties involved in a surrogacy can receive counseling from a surrogacy agency. Moreover, they can help you navigate the emotional complexities of the surrogacy process by providing advice, resources, and a secure environment.
Logistics support and accommodation
Surrogacy agencies can help with your logistical plans, particularly if you’re a foreign intended parent looking to have a child through surrogacy in India. Furthermore, to make your time in India easy and comfortable, they can assist with travel plans, lodging, transportation, and other logistical matters.
On the other side, while acting as case managers, surrogacy agencies oversee and plan the entire surrogacy procedure. Besides, they can make it easier for the intended parents, the surrogate mother, and the medical staff to communicate. Also, throughout the surrogacy process, the agency can offer ongoing assistance, respond to inquiries, and take care of any issues that may come up.
Financial Advice
In relation to the financial facets of the surrogacy process, surrogacy agencies can offer clarification and guidance to the intended parents. On the other side, they can guide you regarding a lot of aspects like the surrogacy costs, such as agency fees, medical costs, surrogate compensation, legal fees, and other. That said, you can easily navigate the financial aspects of the journey with the agency’s assistance.
Resolution of Conflicts
The agency can also mediate and facilitate resolution of any conflicts that might develop during the surrogacy process. Besides, in case of any dispute between the intended parents and surrogate mother, the agency can act as a mediator to peacefully resolve the issues.
Why choose IVF Point?
With over two decades of experience at their back, the professionals at IVF Point can help you reach your parenthood goals in the best manner possible. While surrogacy is a cost effective process, we can further help you take benefit of our customized plans and programs that are designed right as per your personalized needs.
Connect with our coordinators today to know more!
