Is Surrogacy Legal?

Surrogacy – The Legal Aspect

In India surrogacy (gestational one) got legal status some years back in 2002 after a lot of efforts being made to get official approval over the bill. After this the practice started and today India has become one of the most popular surrogacy destinations for people coming from different parts of India as well as from abroad. People coming to this destination require having eligibility to try for surrogacy in India.

The list of these criteria is the working force behind the function of surrogacy in India. These rules must be introduced to a foreigner coming to India for surrogacy purposes. Fulfilling these rules can only make a couple eligible to try surrogacy here in India, the rules are as follows:

  • The designed rules say that a person coming here in India from abroad regions for surrogacy purposes must be in a two years of marriage heterosexually.
  • Besides this, the person must have a letter from the home embassy confirming to recognize the surrogacy.
  • It is also important for intended parents to have a medical visa for their arrival in India for surrogacy purposes.
  • However, people of Indian origin having PIO/OCI card can directly come to avail surrogacy services.
  • Thus, surrogacy allowed for married couples from abroad in India is a bit difficult if compared the laws for native people.
  • After fulfilling surrogacy legalities in India, there comes the time to get the medical visa for the child born with surrogacy.
  • For fulfilling this requirement, parents need to make contact with recognized establishment having approval from Indian council of medical research.
  • Besides this, it has also been made mandatory to have an agreement of dual understanding between the applicant couple and the Indian surrogate mother.

All these eligibility criteria are important to be fulfilled by the intended parents to avail successful surrogacy here in India. Failure of any of these rules can let intended parents face difficulty later.

Some Considerations to Avoid Legal Issues  

  • Choose a surrogate mother from renowned clinic who has all her medical reports checked positive and works for a clinic that offers genuine services.
  • Check if the surrogate mother in has the consent of her family to do the surrogacy job.
  • The age of a surrogate mother is also important to take notice of when considering the requirement of a surrogate mother.
  • There is lot of information on the Internet about surrogates; this will help you as an expected guardian in your effort of finding a surrogate.
  • Checking the background of the surrogate mother is most important of all
  • You can’t let your child get his or her birth to an individual with a criminal foundation.
  • Get data and references about the mother that you have picked. Delve profound into her life. After all, an individual who has nothing to stow away, won’t dither to give you any fundamental data about themselves. You must feel good and trust the surrogate mother.

Some Most Important Considerations

  • Select a mentally stable surrogate- It is not simple to figure out whether somebody is mentally steady with just a couple of gatherings. Attempt your best to guarantee that she is rationally sound, has help from her family, and will stay mentally steady all through the pregnancy. In the event that you decide to question the surrogate yourself as opposed to an expert, check respectable hotspots for conceivable mental assessment things to ask.
  • Choose gestational surrogacy – Regardless of the possibility that conventional surrogacy plans are legitimate in your state, still decide to continue with gestational surrogacy. In conventional surrogacy the surrogate mother is likewise the egg contributor, which implies that she is really conceiving her own particular youngster. This reasons numerous issues on the mental side, making it harder for the surrogate mother to relinquish her kid. Furthermore obviously what’s more there may be lawful issues where the choice of the courts may be slanted towards the regular mother on the off chance that she demands keeping the youngster.
  • Get aware of your legal rights – Surrogacy is an extremely troublesome procedure from beginning to end. It’s best to look for expert help like a respectable surrogacy organization, legal counselors, and people who know the reception guidelines of the specific nation where your surrogate mother is spotted. Unless you have managed many surrogacy game plans some time recently, it is impractical for you to evaluate all the variables that can happen. Indeed one misstep can chance you being not able to enlist as a lawful gatekeeper of your child.