Surrogacy Law

surrogacy law_imageSurrogacy in India has become very popular and has emerged as a blessing for the less fortunate parents who are deprived from the greatest gift of god – a child! As a result of this new ray of hope, we have seen the corporatization of surrogacy and as something which has some commercial implication as well.

Although surrogacy laws in India do exist, surrogacy controlled by legislation does not exist. Guidelines issued by Indian Council of Medical Research in 2005 cover this aspect to help regulate the (Assisted Reproductive Process commonly - ARP) however these are the broad guidelines. The Law Commission of India also submitted the 228th report on this subject to discuss and underline the importance and need for a process for childless couples and to suggest a regulatory mechanism for surrogacy. Commercial surrogacy has been declared legal in India, but looking to the real life incidents, it appear as if legal protection does not exist for want of a legal act.
In this scenario, we at Aayush Surrogacy India follow a laid down process, which encompasses the following:

» Surrogate mother has to sign a contract with intended parents; however there are no specific details regarding breach of what would happen in case the contract is breached.

» The contract must contain detailed terms and conditions regarding the consent of surrogate mother, her husband and family members for carrying the child. It must contain detailed description of medical procedures, type of surrogacy, reimbursement details, handover agreement and declaration of non-commercial transaction.

» In the unfortunate event of death of one or both intended parents before childbirth, make sure a financial assistance for the child after his or her delivery.

» Similar assistance comes into force in case of divorce of the intended parents.

» Life insurance cover gets provided to the surrogate mother.

» Birth certificate of the surrogate child to link with intended parent/s name and not with the surrogate mother.

» Right to privacy of intended parents, donor parents (if any) and surrogate mother is protected.

» Surrogacy gets carried out on the basis of sex in any case.

» In case of abortion, Medical termination of pregnancy act 1971 would prevail only.

» From legal point of view, surrogate child will be natural legitimate heir of the intended parents and there will not be any requirement of formal adoption process or declaration of guardian process. Child thus gets all the benefits that a biological legitimate child receives from the parents.

Aayush Surrogacy India minutely looks for every bit of legality involved in the process of surrogacy and at the same time sticks to the surrogacy law in India.

However, there is a strong need of a completely regulated and monitored legal process of surrogacy to protect the rights of intended parents, surrogate mothers and most importantly, the surrogate child who is brought in this world the common consent of two parties. Though India has gained the identity of a surrogacy across the world because of easy availability of surrogate mothers, relatively less cost and flexible rules and regulations, Aayush Surrogacy India is committed to provide strong legal protection at both ends.