Who Can Opction for surrogacy in India? Complete & Essential Eligibility Guide
Surrogacy in India is one of the options for infertile couples to have a baby. When couples can’t get a baby through the natural process, they take the help of surrogacy. It’s an assisted reproductive technique that, with the help of artificial fertilisation, provides a baby. Surrogacy has a complex process that includes the legal arrangements, egg retrieval, sperm collection, fertilisation, embryo transfer and pregnancy check. Due to this, people have a myth that it is one of expensive treatments to have a baby. However, in reality, it’s not true. Surrogacy is one of the affordable treatments to treat infertility. Its cost is only up to 1500000 INR, which is really low compared to other Western countries. In India, we deeply understand the issue of infertility. That’s why we came up with a treatment. So, if you are struggling with infertility and want to have treatment in the best surrogacy centre in India, then we can recommend surrogacy at Select IVF. India is one of the best fertility treatments in the best surrogacy centre. Let’s start the article and explore surrogacy, its laws and Who Can Opction for surrogacy in India.… What is surrogacy? Surrogacy is an assisted reproductive technique and involves the procedure of IVF and a surrogate mother. Surrogacy is mainly opted for by the intended parents. When the intended couple faces infertility, it means unable to conceive a baby. So surrogacy involves the surrogate, and she carries the baby on behalf of the intended mother. When the baby is delivered, the surrogate gives the baby to the intended couple. From that period of time, custody of the baby will be in the intended couple’s hands, and they will be the legal parents child. There will be no role surrogate mother in the life of the baby after the delivery. What are the types of surrogacy? Surrogacy laws in India India has established a strict and ethical legal framework for surrogacy through two landmark laws: the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, both of which came into effect in 2022. According to these laws, only altruistic surrogacy is legally permitted in the country. This means the surrogate mother cannot receive any monetary compensation for carrying the child, except for her medical expenses and insurance coverage during pregnancy. Commercial surrogacy, which involves payment or profit-making through the surrogacy arrangement, is completely banned and punishable by law. Under the legal provisions, only Indian heterosexual married couples are eligible for surrogacy. They must be married for at least five years, and medically certified as infertile. The female partner must be aged 23 to 50 years, and the male partner must be 26 to 55 years. They must also not have a surviving biological or adopted child, with limited exceptions. Surrogacy is not allowed for foreigners, NRIs, PIOs, same-sex couples, live-in partners, or single individuals. For a woman to become a legal surrogate, she must be married, 25 to 35 years old, have at least one biological child, and serve as a surrogate only once in her lifetime. Additionally, she must be a close relative of the intended couple and pass medical and psychological screenings. The law also requires couples to obtain a certificate of essentiality and a certificate of eligibility from the appropriate authorities before proceeding. These measures aim to ensure transparency, protect all parties involved, and eliminate unethical practices such as exploitation or commercialisation of the surrogacy process. Who Can Opction for Surrogacy in India? In India, heterosexual couples are eligible for surrogacy. However, the following rules need to be followed to get surrogacy in India: The heterosexual couples must be married for at least 5 years. They should be Indian, NRI or OCI cardholders. The ages of couples must be between 23 to 50 years for females and 26 to 55 years for males. They must have a certification of infertility. They must not have a biological child except the child suffers from a serious illness. Who is not eligible for surrogacy in India? The following individuals are not eligible for surrogacy in India: Single individuals are not eligible for surrogacy in India Live-in couples are not eligible for the surrogacy process in India. Same-sex couples/gay/lesbians are not eligible for surrogacy. Foreign couples who are not Indian citizens, NRIs or OCI cardholders. Couples who have a biological child. Additionally, it’s important to remember that only altruistic surrogacy is available in India, and commercial surrogacy is banned in India to save women or surrogate mothers from exploitation. Are NRI/OCI/PIO couples eligible for surrogacy in India? Yes, NRI, OCI (Overseas Citizen of India) cardholders, and PIO couples are eligible for surrogacy in India, but with specific conditions. According to the Surrogacy (Regulation) Act, 2021, only Indian heterosexual married couples are eligible for surrogacy, and they must be legally married for at least five years and medically certified as infertile. NRI, PIO, and OCI holders who have Indian citizenship status are eligible, as they are still considered part of the Indian legal framework. However, foreign nationals who do not hold Indian citizenship or OCI status are not allowed to pursue surrogacy in India, even if they previously accessed it before the law changed. The main aim is to prevent misuse of surrogacy and protect the surrogate mother and child. When done through registered clinics, the medical process is safe and carefully monitored. So, if a couple holds valid Indian citizenship or OCI cards and fulfils all the legal requirements, they can legally and safely pursue altruistic surrogacy in India. It’s important to consult a legal expert and a recognised clinic to ensure the process follows the law and remains a smooth, ethical, and emotionally fulfilling journey. Documents needed for surrogacy for NRI/OCI/PIO couples The following documents are required for surrogacy for NRI/OCI/PIO couples: Valid indian passport or OCI card holders Medical reports showing the fertility case, which means proof of infertility. Marriage certificate, as India welcomes married couples for surrogacy, you have to show the…
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