- 19-Apr-2025
- Healthcare and Medical Malpractice
Surrogacy in India is governed by the Surrogacy (Regulation) Bill, 2020, which aims to regulate the practice of surrogacy, protect the rights of both the surrogate mother and the intended parents, and ensure ethical practices. The process of registering a surrogacy agreement involves several legal and medical steps to ensure that the agreement is valid, the rights of all parties are protected, and the surrogacy process adheres to the legal framework in India.
Before registering a surrogacy agreement, both the intended parents and the surrogate mother must meet specific eligibility criteria as outlined by the Surrogacy (Regulation) Bill, 2020:
Intended parents must first consult a licensed ART clinic. These clinics are regulated by the Indian Council of Medical Research (ICMR), which sets guidelines for assisted reproductive technology and surrogacy in India. The clinic will conduct medical tests and consultations to assess the eligibility of the intended parents and the surrogate mother. If both parties are eligible, the clinic will help draft the surrogacy agreement.
The surrogacy agreement must be drafted by a legal professional and signed by both the intended parents and the surrogate mother. This agreement outlines the rights and obligations of both parties, including:
The agreement must be signed in the presence of a witness and should also be notarized for legal validity.
After the agreement is drafted, it should be submitted to the surrogacy clinic where the medical procedures will take place. The clinic is required to maintain records of all surrogacy arrangements and ensure that the agreement complies with Indian surrogacy laws.
The surrogacy agreement must be legally verified. Under the Surrogacy (Regulation) Bill, 2020, the agreement must be submitted to the appropriate legal authority (usually a court or government-appointed body) for certification before proceeding with the surrogacy procedure. The verification process ensures that all parties understand the terms of the agreement and that no coercion is involved. Both the intended parents and the surrogate mother must be informed of their legal rights.
The surrogate mother must undergo thorough medical and psychological screening by the ART clinic to ensure she is fit for the surrogacy process. This includes assessments of her physical health, mental stability, and ability to carry the pregnancy to term. The intended parents must also undergo medical tests to confirm infertility.
The surrogate mother must provide informed consent for the process, which includes her agreement to undergo the procedure, carry the child, and hand over the child to the intended parents after birth. This consent must be obtained without any pressure or financial coercion. The surrogate must also acknowledge her right to withdraw from the agreement before the embryo transfer or during the pregnancy.
The final step is to register the surrogacy agreement with the appropriate legal authorities, typically a family court or specialized adoption authority, which ensures the legal rights of all parties are protected. The court will review the agreement to ensure that it complies with the legal provisions laid out in the Surrogacy (Regulation) Bill and ICMR guidelines.
The Surrogacy (Regulation) Bill, 2020 provides specific rules for the registration process of surrogacy agreements:
The Bill prohibits commercial surrogacy, allowing only altruistic surrogacy, where the surrogate is compensated for her medical expenses and insurance coverage, but not for the act of carrying the pregnancy itself.
The Bill specifies age limits for both intended parents and the surrogate mother to ensure that both are physically and mentally suitable for the process.
The surrogate mother must not face exploitation and must be provided with appropriate compensation (medical expenses and insurance). She is entitled to medical coverage during and after the pregnancy.
The Bill ensures that the child born through surrogacy has Indian citizenship, provided the intended parents are Indian citizens.
The Bill mandates the establishment of a Surrogacy Board to regulate surrogacy practices in India, including the registration of agreements, monitoring surrogacy clinics, and ensuring compliance with ethical guidelines.
The Indian Council of Medical Research (ICMR) provides guidelines for the regulation of surrogacy and ART (Assisted Reproductive Technology) services in India. ICMR guidelines ensure that:
If a couple decides to pursue surrogacy in India, they must first contact a licensed ART clinic, undergo medical screening, and meet the eligibility criteria. They will then draft and register a surrogacy agreement, which includes the surrogate’s informed consent, details about compensation, and the parental rights of the intended parents. After medical screening and the agreement’s registration with the authorities, the surrogacy procedure can proceed.
The process of registering a surrogacy agreement in India involves several steps to ensure that all parties—intended parents and the surrogate mother—are protected under the law. These steps include consultation with a licensed ART clinic, drafting and notarizing a surrogacy agreement, undergoing medical and psychological screening, and registering the agreement with the appropriate authorities. The Surrogacy (Regulation) Bill, 2020, along with ICMR guidelines, ensures that surrogacy practices in India are ethical, safe, and legally sound, protecting the rights and welfare of the surrogate mother and the child.
Answer By Law4u Team
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