Legal Rights of Intended Parents in Surrogacy: What You Need to Know
In India, the Surrogacy (Regulation) Act of 2021 provides a framework for altruistic surrogacy, stating the legal rights and responsibilities of intended parents in surrogacy. Intended parents are individuals or couples who seek help from fertility centres to have a child through surrogacy. Surrogacy is developed to treat infertility. It’s a healthcare issue that can happen in both men and women. The factors that can contribute to infertility include lifestyle, age, genetics, and environmental issues. Due to the increasing need for infertility solutions, there are infertility procedures that can help infertile couples to cure their infertility. Surrogacy has emerged as the best option because of the advancement in artificial reproduction techniques. Because of surrogacy, parenthood is no longer limited to heterosexual or married couples. The treatment can also help single parents, widowed women, single men, gay couples, etc. So, in this article, we are gonna discuss the legal rights of Intended Parents in Surrogacy. We will know things deeply. Before anything, let’s understand surrogacy first… Why should you trust SELECT best IVF center in Gujarat? Understanding surrogacy Surrogacy is a fertility treatment where a woman, called the surrogate, agrees to carry and deliver a baby for another person or couple known as the intended parents. There are 4 types of surrogacy in India: Allowed form of surrogacy Gestational surrogacy: it’s the most used form of surrogacy available in the Philippines. It involves the extraction of eggs from the intended mother and sperm from the intended father. Both eggs and sperm are fertilised to create an embryo, which is implanted into the uterus of the gestational surrogate mother. Altruistic surrogacy: It’s another commonly used form of surrogacy available in India. It involves the surrogate mother from the side of the intended couple. Additionally, there is no compensation given to the surrogate mother. Not allowed form of surrogacy Traditional surrogacy: It’s an uncommon form of surrogacy that involves the egg from the surrogate mother and the sperm from the intended father. It includes the direct insertion of sperm into the uterus of a surrogate mother. This surrogacy creates a genetic relationship between the surrogate mother and child. Commercial surrogacy: It includes the compensation provided to the surrogate mother. However, this surrogacy is banned in India as it exploits the surrogate mothers. India only permits gestational surrogacy under strict laws and only for altruistic reasons. It means without commercial benefits. So, as per the Surrogacy Regulation Act 2021, traditional surrogacy and commercial surrogacy are banned. The process of surrogacy at Select IVF The procedure of surrogacy step-by-step in India, in Select IVF, takes 11 to 18 months for both domestic and international patients. We have specialised plans for international patients and have personalised options for domestic patients. First, let’s talk about our domestic and international patients’ procedure of surrogacy step-by-step in the form of a table for your easy understanding: The procedure of surrogacy for domestic patients Domestic patients for surrogacy in India The procedure of surrogacy for International Patients International patients for surrogacy in India Consultation Discussion of causes of infertility, the success rate of surrogacy, cost, and other essential things with domestic patients. Contact a clinic & get a consultation Reach out to a reputable clinic in India such as Select IVF. Get a consultation by phone to discuss your medical history and suitable treatment options. Ovarian stimulation Providing hormonal injections to women or egg donors to produce eggs Initial consultation Schedule an initial consultation with the surrogacy specialist to discuss essential things such as the medical history, costs, success rate, etc. Egg retrieval Eggs are harvested from the uterus of the woman using a catheter Application for a medical visa Get a medical visa from India, which typically requires documentation. Sperm collection Sperms are gathered from the male partner Testing Tests advised by fertility doctors such as blood tests, semen analysis, and other procedures. Fertilization Eggs and sperm are combined together on a laboratory dish to form an embryo Ovarian stimulation Providing hormonal injections to women or egg donors to produce eggs Embryo transfer The embryo formed through fertilisation is placed into the uterus of the woman Egg retrieval Eggs are harvested from the uterus of the woman using a catheter Pregnancy check After 12 days, a blood test is performed to check the results of the embryo transfer Sperm collection and fertilisation Sperms are gathered from the male partner, & Eggs and sperm are combined together in a laboratory dish to form an embryo Embryo transfer & pregnancy check The embryo formed through fertilization is placed into the uterus of the woman, & After 12 days, a blood test is performed to check the results of the embryo transfer. Legal Rights of Intended Parents in Surrogacy Right to Parenthood: Intended parents are recognised as the legal parents of the child born through surrogacy, with no claim from the surrogate mother. Protection under Surrogacy Agreement: A legally binding surrogacy agreement outlines the roles, obligations, and rights of both the surrogate and intended parents, safeguarding the interests of all parties involved. Eligibility criteria for intended parents in surrogacy To be eligible for surrogacy in India, intended parents must meet specific requirements: Age Range: The male partner must be between 26 and 55 years old, while the female partner must be between 23 and 50 years old. Marital Status: The couple must be legally married. No Biological Children: The couple should not have any biological children from a previous marriage. Unmarried Women: An unmarried woman between 35 and 45 years old, who is divorced or widowed, may also be eligible, provided she doesn’t have a living child from a prior marriage. Responsibilities of intended parents Intended parents are required to: Cover Surrogate’s Expenses: Pay for the surrogate’s medical expenses, insurance, and other related costs. Provide Health Insurance: Obtain health insurance for the surrogate mother, covering 36 months of postpartum care. Surrogacy Cost in India Surrogacy is a series of complex procedures that involve the help of a surrogate, several medical examinations & procedures,…
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