Legislation regarding Surrogacy

Indian Law supports Surrogacy

Indian law supports surrogacy and therefore surrogate babys genetic or intended parents are apt to
receive a birth certificate, with relevant details such as the surrogate babys name. If the child belongs to
single male where intended father is the guardian, mothers name is left vacant on birth certificate.
As an intended couple, it is ideal that you check your countrys regulations concerning surrogacy, or
contact the concerned consulate located New Delhi. We request you to do so before initiating the process
so that your baby reaches home without any hassles. If desired, we can also introduce a proficient lawyer
to help in completing all paper formalities, appropriately.
It is vital for you to know that Assisted Reproductive Clinics in India are governed by ICMR or Indian
Council for Medical Research, which is deputed by the Health Ministry of India. Guidelines that we see
laid down today by ICMR are the outcome of numerous discussions, debates and agreements. Should
you want to go through the guidelines, you can visit the ICMRs official portal and look for the list of
guidelines at chapter 3. This list extensively covers all prerequisites for surrogacy and details about birth
certificate provided. The guidelines are scheduled to be passed in parliament by way of a law. Hence the
present modus operandi for IVF clinics has to be in line with these guidelines considering them legal.
Because of our long involvement in surrogacy, we also help intended parents approaching us in
completing the desired documentation. We also help them communicate with their nations respective
consulate at India.
We promote the intended parents to get in touch with couples who have benefitted from our surrogacy
program and are leading a happier life now. As an intended couple, when you get to know the success
stories of your preceding families, you gain confidence and are rest assured of your success too. In other
words, these intended couples who are happy parents now, are our global ambassadors. Consequently,
we got a dedicated link on our website called global ambassadors where we have shared their details.
To help intended parents with a legal advice or in knowing the legal aspects involved in surrogacy, we
have tied up a logal firm. If required when corresponding with the concerned Consulate, you may contact
them.
What are the Legislative Developments & National Guidelines for Surrogacy here?
As is evident, various ethical, social and legal issues arisen post surrogacy agreements, and hence it is
imperative that they are evaluated cautiously. You cannot let go the conformist perspective of general
public concerning this issue when evaluating. Alike other developed nations such as USA, Australia,
Britain, etc. which have already legalized this subject through a dedicated effort, India too is on the verge
of formulating National Guidelines to control alternate reproductive methods, owing to a wholehearted
involvement of the medical fraternity.
National Guidelines have provisioned an isolated section that highlights child rights. These guidelines
favour the childs legitimacy as the offspring of infertile couple. The guidelines also aim at ruling out any
upsetting situations by restricting any sort of disclosure about a third party donor, particularly when the
children are below 18. However, the guidelines also have a relaxation to this restriction if children are
curious; but that is to avoid any unwanted issues in relation to the childs or childrens identity.
In addition, National Guidelines clearly state the need of certification by ART clinics about the involved
surrogates medical fitness, prior to permitting the woman to be in the role of surrogate mother. It is also
the clinics responsibility to make sure this woman is free of AIDS, and rule out its transmission only to
endanger the childs health.

Page 1 of 2

The National Guidelines for surrogacy also have a generous view towards HIV infected women and
advise ART clinics to refer such women to some AIDS consulting centre, rather than denying the
treatment completely. This way, she can be educated on possible risks associated that are anytime
hazardous to the prospective child.
Present surrogacy law in India being incompetent to tackle various issues, this has been impeding the
commercial surrogacy industry in India. Government has leveraged on it as part of medical tourism
promotion and the growth in surrogacy visible today is the outcome of an ambitious perspective in this
regard. Outsourcing in the industry was very identical to any other Indian industry, which not only led to
make India a popular surrogacy hub for medical tourists but also played a vital role in the countrys
economic growth, including generation of considerable revenue in the form of tax. For want of a well laid
industry regulation concerning surrogacy, country succeeds to continually attract patients from all over
and help them acquire parenthood quite economically.
Precisely speaking, legalisation of alternate reproductive methods has a definite impact on the favourable
benefits as well. Challenge here is to incorporate the law with latest medical advancements and at the
same time go on reaping the economical and other benefits which are just impossible to omit now.

Page 2 of 2