Surrogacy Cost in India

IVF Doctor and Specialist Gynaecologist in Delhi NCR

Surrogacy Cost in India: Understanding the Laws and Regulations

Surrogacy is a process that allows individuals or couples who are unable to conceive a child to have a biological child of their own through another woman who carries their baby. In India, surrogacy has become an option in recent years due to its affordability compared to other countries. However, there are certain laws and regulations surrounding surrogacy in India that must be followed to ensure a smooth and legal process. 

Eligibility Criteria for Surrogacy in India

Surrogacy is a process that allows individuals or couples who are unable to conceive a child to have a biological child of their own through another woman who carries their baby. In India, surrogacy has become an option in recent years due to its affordability compared to other countries. However, there are certain laws and regulations surrounding surrogacy in India that must be followed to ensure a smooth and legal process.

 

The eligibility criteria for surrogacy in India are as follows:

 
  • The intended couple must be married, and the female partner should be between 23-50 years old, while the male partner should be between 26-55 years old.
  • The couple should not have had any biological children before.
  • Single women are also allowed to undergo surrogacy if they are between 35-45 years of age and are either married, divorced, or widowed.
  • If the woman has a child from a previous marriage who is alive, then she is not eligible for surrogacy.
  • The surrogate should be a willing woman brought in by the intended parents, and no monetary expenditure should be involved.
  • The surrogate should be between 25-35 years old and married with at least one child of her own.
  • The transfer of only one embryo to the surrogate is allowed, and the surrogate can be used only once for up to three attempts.

Prohibition of Egg or Sperm Donation

In India, the law prohibits the donation of eggs or sperm by anyone other than the intended parents. This means that the intended parents must provide their biological material for the creation of the embryo, which will be implanted in the surrogate mother. The purpose of this law is to prevent the commercialization of surrogacy and ensure that the child has a genetic link with the intended parents.

Legal Regulations for Surrogacy in India

Surrogacy in India is regulated by the Surrogacy (Regulation) Bill, of 2021. The bill lays down various rules and regulations to ensure that surrogacy is carried out ethically and in a manner that safeguards the interests of all the parties involved. These regulations include:


  • The intended parents must provide proof of their marriage, certificates of age, essentiality, and medical indications obtained from the district board, and certificates of eligibility of the surrogate from the board.
  • If the intended parents have had a previous abnormal baby, they must approach the district court for permission.
  • The surrogate must have insurance for three years and provide a certificate of psychological and medical fitness.
  • The intended parents must provide an affidavit from the metropolitan city, guaranteeing the surrogate’s health.
  • The intended parents must be biological parents, and embryo donation is not allowed.
  • The surrogate can only be compensated for travel, clothes, medicine, tests, and checkups.
  • The surrogacy process is allowed only for couples who suffer from conditions such as MRKH, a unicornuate uterus, multiple IVF failures, miscarriage, or abortion.

Documents Required for Surrogacy

The following documents are required for surrogacy in India:

 

  • Proof of marriage
  • Certificate of age for both partners
  • Certificate of essentiality for the surrogate mother
  • Certificate of medical indication obtained from the District board (if applicable)
  • Certificate of eligibility for the surrogate mother from the Board
  • Medical indication to the District Court (if applicable)
  • Insurance or certificate of the surrogate mother for psychological and medical fitness

Surrogacy Cost in India

The cost of surrogacy in India varies depending on the clinic and the city, which is significantly lower than the cost in other countries like the United States. However, it is important to note that there may be additional costs for legal fees, medical tests, and insurance.

Surrogacy Criminal Law

In 2021, the Indian government passed the Surrogacy (Regulation) Bill, which criminalizes commercial surrogacy and imposes strict penalties for those who violate the law. The law imposes a fine of up to Rs. 10 lakh and imprisonment of up to 10 years for those involved in commercial surrogacy. The law also aims to protect the rights of the surrogate mother and the child and prohibits the exploitation of women in the surrogacy process.

 

In conclusion, surrogacy in India has become a popular option for individuals and couples who are unable to conceive. However, it is important to follow the legal regulations and eligibility criteria set by the government to ensure a smooth legal process.

 

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