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Want to get a surrogacy child in India? You can have it easily. However, there are some restrictions over it from government. There are laws and regulations for the same which you must know before going to an authorized center.
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Surrogacy laws in India
Proposed Changes Surrogacy laws in India, 24th August 2016 – Update
For Couples seeking Surrogacy: There will be a complete ban on Commercial Surrogacy. Surrogacy services will be restricted to Indian couples or foreigners married to Indian citizens. Surrogacy services will NOT be offered to NRI’s or OCI card holders. Surrogacy will only be available for childless couple Couples having their own or adopted children will NOT be allowed to undergo Surrogacy.
Only women who are medically unfit to have children can take help from a close relative, which is called “Altruistic Surrogacy”. A woman seeking a surrogate child should be between 23 and 50 years of age and her husband should be between 26 and 55 years. The couple has to be legally married for at least five years. Single Parents, Same-sex couples, and live-in relationships will not be allowed altruistic surrogacy.
Surrogacy Legal Contract: National Surrogacy Board will be set up at the state and central levels to monitor and approve surrogacy. A surrogacy contract should necessarily take care of life insurance cover for the surrogate mother. The bill has a provision for a jail term up to ten years and a fine of Rs 10 lakh for violations, such as abandoning the child and opting for commercial surrogacy.
Reimbursement of all reasonable medical expenses for carrying a child to full term will be outlined. Willingness to hand over the child born to the commissioning parents will be mentioned. A surrogacy arrangement should provide financial support for a surrogate child in the event of death of the commissioning couple or individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of the child. The legislation itself will recognize a surrogate child to be the legitimate child of the commissioning parents without there being any need for adoption or even a declaration of guardian. Sex-selective surrogacy is prohibited. In addition to this, the Commerce ministry has also restricted the import of embryos for research purposes; Embryos also cannot be imported for commercial surrogacy any further Surrogacy arrangement will continue to be governed by a contract amongst the involved parties.
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