Surrogacy has emerged as a compassionate and viable option for individuals and couples facing infertility or other medical conditions.

India, in particular, has been a leading destination for surrogacy due to its well-established legal framework and proficient medical facilities.

In India, surrogacy is governed by the Surrogacy (Regulation) Act, 2021, which aims to regulate and ensure ethical practices in surrogacy arrangements.

The Act provides a clear legal framework for the rights and obligations of all parties involved, including the intended parents, surrogate mothers, and fertility clinics.

Lex Curiam is a specialized entity deeply entrenched in navigating and implementing India’s new surrogacy laws. With a focus on legal intricacies, they operate in collaboration with an extensive network of over 100 clinics across the country.

Their expertise likely extends to offering legal counsel, ensuring adherence to regulatory frameworks, and potentially overseeing the implementation of these laws within the realm of surrogacy practices.

This involvement positions Lex Curiam as a pivotal figure in the facilitation and understanding of the nuanced legal landscape surrounding surrogacy in India.

At Lex Curiam LLP, we have extensive knowledge and experience in navigating the surrogacy laws in India. Our team of expert attorneys can guide you through the legal process, ensuring compliance with all the necessary legal requirements. Here are some key aspects of surrogacy law in India:

Number 1 in the Field: Lex Curiam LLP is proud to be recognized as the foremost authority in surrogacy law in India. With unparalleled expertise and a proven track record of success, we are committed to providing our clients with the highest level of legal guidance and support throughout their surrogacy journey.

Eligibility: The Surrogacy (Regulation) Act, 2020, outlines the eligibility criteria for intended parents seeking surrogacy. It allows Indian couples, Indian single women, and Overseas Citizens of India (OCI) to pursue surrogacy, provided they meet certain medical criteria.

Surrogacy Agreement: The Act mandates the signing of a comprehensive surrogacy agreement between the intended parents and the surrogate mother. This agreement establishes the rights and responsibilities of all parties involved, including the financial arrangements, medical procedures, and post-birth custody of the child.

National Surrogacy Board: The Act establishes a National Surrogacy Board and State Surrogacy Boards to oversee and regulate surrogacy practices in India. These boards ensure adherence to the legal framework, monitor the welfare of surrogate mothers, and maintain a centralized database of all surrogacy procedures.

Medical Procedures: Surrogacy in India involves a meticulous medical process, including thorough medical screenings of the surrogate mother, assisted reproductive technologies (ART), and embryo transfer. Our team at Lex Curiam LLP works in tandem with reputable fertility clinics and medical professionals to ensure a seamless coordination between the legal and medical aspects of the surrogacy journey.

Citizenship and Parentage: The Surrogacy (Regulation) Act, 2021, recognizes the intended parents as the legal parents of the child born through surrogacy. It ensures that the intended parents obtain the necessary documentation, such as a birth certificate, naming them as the legal parents. We can assist you in navigating the legal procedures to establish your parental rights and secure the child’s citizenship.

Eligibility Criteria for Couples:

1. The commissioning parents (couple) must be between 25 and 50 years of age.
2. They should not have had a child through natural conception, adoption, or surrogacy before.
3. The couple must provide clear medical and radiological reports, and possibly a report clearing them of genetic anomalies.
4. An insurance policy for the surrogate mother’s medical needs for 36 months from the date of embryo transfer is required.
5. The couple needs to approach a government medical board for validation and obtain an essentiality certificate.
6. The essentiality certificate must be submitted to the court of a first-class judicial magistrate for a suitable order, serving as proof of the child’s birth through surrogacy.

Eligibility Criteria for Surrogate:

1. The surrogate must be between 25 and 35 years of age and married with a child of her own.
2. She should be a first-time surrogate and certified as mentally fit by a psychiatrist.

Addressing Commercialization:

1. The surrogacy practice must be altruistic; commercialization of surrogacy is banned.
2. Selling or buying human embryos and gametes, as well as the services of a surrogate, is prohibited.
3. No payment, reward, benefit, fees, remuneration, or inducement can be offered to the surrogate, her dependents, or her representative.
4. Exporting embryos to foreign countries is banned, and transferring embryos between labs or ART centers requires permission from appropriate authorities. Violations may lead to fines and imprisonment for up to 10 years.

Other Notable Points:

1. Surrogacy is only recognized for heterosexual couples; gay couples cannot use surrogacy to have a child.
2. Once the surrogate enters the contract, she cannot refuse to carry the pregnancy to term without permission from the appropriate authority.
3. Embryos should be genetically related to the couple, and embryo donation is not allowed in surrogacy.
4. Children born through surrogacy can claim the right to know their origin and trace the identity of the surrogate mother when they turn 18.
5. If the commissioning couple dies before the child’s birth, the responsibility of raising the child falls on the nominees appointed at the time of signing the surrogacy contract. The nominees can choose to give up the child for adoption or to an orphanage later.

Embarking on a surrogacy journey can be complex, both emotionally and legally. However, with Lex Curiam LLP by your side, you can navigate the surrogacy laws in India with confidence.

We provide personalized guidance, handle the documentation and contracts, and ensure compliance with all legal requirements, allowing you to focus on the beautiful journey of parenthood.