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Surrogcy laws in india

Commercial surrogacy in India was legalized in 2002.

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Surrogcy laws in india

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  1. Surrogacy laws in India Dr Richa Sharma IVF and Infertility Consultant /Physician, India. Email- dr.richasharma@hotmail.com/richasharma47@gmail.com

  2. Surrogacy Laws in India • Commercial surrogacy in India was legalized in 2002. • The availability of medical infrastructure and potential surrogates, combined with international demand, has flourished the growth of the industry. • Reputable clinics closely follow the Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India http://www.icmr.nic.in/art/art_clinics.htmset out by the Indian Council of Medical Research. Proposed laws for surrogacy in India are largely based on these Guidelines.

  3. Surrogacy Laws in India • Surrogate mothers receive medical, nutritional and overall health care through surrogacy agreements. • For the past decade Indian citizens and international singles and couples from around the world have sought treatment for IVF, egg donation and surrogacy. • There is no legislation governing surrogacy agreements in India, however, a surrogacy Bill is before Indian parliament and it is anticipated new laws will be enacted in 2012/2013.

  4. The surrogacy agreement • Clients enter into a surrogacy contract with a surrogate mother and her husband, if applicable. • The contract sets out the responsibilities of both parties and offers legal protection for clients and surrogates under Indian contract law.

  5. Birth certificate • In the birth certificate, in a couple undertaking surrogacy, name of both will be there and at least one parent should have genetic component in the child as required by the embassies of most countries to grant citizenship and a passport to the baby. • The Municipal Council of that state issues birth certificates with preferably apostille seal which has legal validity in countries outside of India.

  6. Citizenship of the baby born • Babies born through surrogacy agreements in India are born stateless. • This means they are not given Indian citizenship by virtue of the fact they were born in India. • So a clearance (no objection certificate-NOC) is mandatory for couple (Intended Parents-IP) to get from embassy before ART clinic and ART bank proceeds further, to make sure that the baby born will be able to get citizenship of their country without any hassles.

  7. Pre-requisites for embassy • A signed copy of the surrogacy contract • Baby’s birth certificate • Parents’ birth certificates • Pregnancy medical records • A signed statement by the surrogate mother and her husband waiving parental rights • A summary of treatment provided ART Clinic

  8. Thank you

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