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The surrogacy process is counted as completed, immediately after the birth of a child for intended parents. The responsibility of surrogate completes after hand over the baby to parents with a valid birth certificate mentioned with the names of parents as mother and father. No name of surrogate is mentioned anywhere. However, it doesn’t mean surrogate doesn’t have any rights protected or parents can get the entire process completed according to their specific needs.
The Surrogacy Regulation Bill in India, introduced in the year 2019 (by the Ministry of Health and Welfare) states, “A child born out of a surrogacy will be deemed to be the baby of intended parents. The surrogate will have option of withdrawing from the procedure before the embryo is implanted”.

Know About Regulation for Commercial Surrogacy in India
According to the laws, commercialization of the surrogacy in India is prohibited. Only Altruistic procedure is allowed – with medical expenses and insurance coverage for surrogate during the pregnancy. Commercial surrogacy is got done or undertaken for monetary benefits or rewards in the form of cash – exceeding the medical expenses and insurance coverage.

Who Is Allowed to Get Surrogacy Procedure Done
Married couples, who are suffering from proven infertility, altruistic or not for commercial purpose and not involved in selling children, prostitution or other forms of exploitation or even for any condition/disease specified through regulations, are allowed to get this procedure done. For this procedure, they need to submit the medical reports and should have a certificate of essentially and certificate of eligibility – issued by the appropriate authority.

What Is the Criteria Required to Follow?
For intended parents, a certificate of proven infertility (one or both partners) from a district medical board or from a certified fertility center is required to submit.

  • A legal document (issued by the Magistrate’s Court) is required as an order of parentage and custody of the child from surrogate.
  • Insurance coverage is required for approx 15 months covering postpartum delivery complications for the surrogate.
  • The valid marriage with relationship of 5 years is required; while the age of the female partner should be between 25-50 years and 26-55 for male partner.
  • The couple should have no surviving child through adoption or any other form.
  • What Are Other Requirements?
  • A surrogate is supposed to be a close relative of the intended parents with married status and having at least a child.

Don’t Forget to Keep in Mind the Following Points

  • She should be healthy enough and required to submit certificate of mental and psychological fitness
  • Advertising of commercial surrogacy is not allowed as it is illegal and penalized.
  • Exploitation of surrogate, a selling embryos or egg/sperm for commercial purpose is illegal
  • In case, some steps are found illegal, the penalty is taken that may be from imprisonment up to 10 years to fine up to 10 lakh rupees.

The Final Note
According to Surrogacy Bills, homosexuals cannot use this procedure to grow their families. married couples are allowed to get this procedure done for one time only. Intended parents can approach close relatives or family members for the surrogacy.
Before stepping in this procedure to grow your family, it will be better to follow all the key steps, consult with attorneys or lawyers to know about the regulations and bills, and seek a trusted agency or clinic, where the entire process can be done professionally and without leaving a stone unturned.


TheFrames Team

TheFrames Team has versatile authors to write articles on any topic. They are continuously putting their efforts to put various Series on the website. They put 3-4 articles under each series.

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