Surrogacy Contracts & Documentation in India

Surrogacy is a complex process that involves the use of a surrogate mother to carry a child for intended parents who are unable to conceive or carry a child themselves. In India, surrogacy is a legal and regulated process, and the government has laid down specific guidelines for surrogacy contracts and documentation. In this article, we will discuss the legal framework and requirements for surrogacy agreements in India.

Legal Framework for Surrogacy in India:

Surrogacy in India is governed by the Surrogacy (Regulation) Bill, of 2021. The bill regulates the practice of surrogacy in India and establishes a National Surrogacy Board to oversee the process. The bill prohibits commercial surrogacy and allows only altruistic surrogacy, where the surrogate mother can only be a willing woman for the surrogacy. The bill also lays down several conditions that must be fulfilled before entering into a surrogacy agreement.

Requirements for Surrogacy Contracts and Documentation:

The surrogacy contract is a legal agreement between the prospective parents and the surrogate mother that details the terms and circumstances of the surrogacy arrangement. The contract must be drafted in compliance with the guidelines laid down by the National Surrogacy Board. Here are the essential requirements for surrogacy contracts and documentation in India:

Informed Consent: The surrogate mother must give her informed consent to carry the child of the intended parents. She should be aware of the medical risks and emotional challenges involved in the surrogacy process.

Eligibility Criteria: The surrogate mother must fulfill the eligibility criteria laid down by the National Surrogacy Board. She must be a willing candidate for surrogacy and should have given birth to at least one child.

Medical Tests: Both the surrogate mother and the intended parents must go through a series of medical tests to make sure they are healthy enough to go through the surrogacy process.

Financial Terms: The surrogacy contract should clearly outline the financial terms of the surrogacy arrangement. The intended parents must compensate all the medical expenses of the surrogate mother.

Parental Rights: The surrogacy contract should also specify the parental rights of the intended parents. They should have the right to custody of the child and should be named as the child’s legal parents.

Dispute Resolution: The surrogacy contract should also outline the procedure for dispute resolution in case of any conflicts or disagreements between the parties involved.

Guidelines for Altruistic Surrogacy in India: Ensuring Ethical and Safe Practices 

Surrogacy in India is regulated by the Surrogacy (Regulation) Act, of 2021, which allows only altruistic surrogacy arrangements in the country. The law aims to ensure ethical and safe practices for all individuals involved in surrogacy.

Certificate of Infertility

Intended parents seeking surrogacy must obtain a certificate of infertility from a licensed medical practitioner. This certificate will demonstrate the inability of the intending parents to conceive a child.

Surrogacy Agreement

The surrogacy agreement must be signed by both the surrogate mother and the intending parents for it to be legally binding. The agreement will outline the terms and conditions of the surrogacy arrangement.

Registered Surrogacy Clinic

The surrogacy arrangement must be made through a registered surrogacy clinic. The clinic will be responsible for ensuring that all legal and medical requirements are met. It will also ensure the safety and well-being of all individuals involved in the surrogacy arrangement.

The guidelines for altruistic surrogacy in India aim to ensure that surrogacy practices are conducted ethically and safely. With these guidelines in place, the surrogacy process can be carried out with minimal risk and maximum benefit to all parties involved.

Surrogacy Contracts in India: Understanding the Terms and Conditions

A surrogacy contract is a legally binding agreement between a surrogate mother and the intended parents in which all of the specifics of the surrogacy arrangement are laid forth.

The contract is drafted by an attorney and signed by both parties before any procedures are performed. In this article, we will discuss the importance of surrogacy contracts in India and what they should contain.

The Need for Surrogacy Contracts in India

All surrogacy arrangements in India must be documented with a legal contract. They are written documents that spell down obligations, privileges, and rights.  Without a surrogacy contract, there is a high risk of miscommunication and legal issues later on. Therefore, it is important to have a surrogacy contract in place before proceeding with any surrogacy procedure.

Key Features of Surrogacy Contracts in India

Information about the Surrogate’s Rights and Obligations

The surrogacy contract should contain information about the surrogate’s rights and obligations, as well as those of the intended parents. This includes details about the surrogate’s responsibilities during pregnancy, such as maintaining a healthy lifestyle, and the intended parents’ responsibilities, such as providing financial compensation for medical expenses.

Compensation for Medical Expenses

The contract should include compensation for medical expenses during pregnancy and childbirth for both the mother and the child. It should be noted that under Indian law, commercial surrogacy is banned, and therefore, the intended parents cannot pay the surrogate mother. Altruistic surrogacy is the only legal form of surrogacy in India, where the surrogate mother can only receive compensation for medical expenses, travel expenses, and post-delivery care.

The Importance of a Valid Surrogacy Agreement

A surrogacy agreement is a legally binding document that outlines the terms and conditions of the surrogacy arrangement. It includes three main sections:

• The first section provides details about the parties involved, such as their names and contact information.
• The second section covers medical procedures and expenses and specifies that this is an altruistic arrangement.
• The third section deals with parental rights and responsibilities after the baby is born.

Why a Surrogacy Contract is Necessary

Surrogacy is a process that involves multiple parties, and a surrogacy contract is necessary to ensure that everyone is on the same page.

Careful and considerate drafting of the surrogacy agreement between the surrogate and the intended parents is essential, as are provisions for surrogate remuneration and termination procedures.

Additionally, a surrogacy agreement is required by law under the Indian Surrogacy (Regulation) Act, 2021. The agreement must include the surrogate mother’s written consent to carry a child for the intended parents, the intended parents’ written consent to the surrogacy arrangement, and a written agreement between all parties that clearly outlines their respective rights and responsibilities during the surrogacy period.

Step by step Surrogacy Approval process

Evaluation of Eligibility Criteria

Once the application is approved by the National Surrogacy Board, the next step is to evaluate the eligibility criteria for the intended parents and the surrogate mother. The intended parents must be an Indian citizen or an overseas citizen of India (OCI) and must have been married for at least five years. They must also have a medical condition that prevents them from conceiving a child naturally.

The surrogate mother must be a close relative of the intended parents and should have given birth to at least one child. She must be between the age of 25 and 35 years and must provide written consent to carry the child of the intended parents.

Medical and Psychological Evaluation

Both the intended parents and the surrogate mother must undergo a medical and psychological evaluation to determine their suitability for the surrogacy process. The medical evaluation includes a thorough medical check-up to determine any underlying health conditions that could affect the surrogacy process. The psychological evaluation assesses the mental health of the intended parents and the surrogate mother and ensures that they are emotionally prepared for the surrogacy process.

Legal Agreement

Once the eligibility criteria and medical evaluations are completed, the next step is to draft a legal agreement between the intended parents and the surrogate mother. The agreement should include details of the financial terms of the surrogacy arrangement, the parental rights of the intended parents, and the procedure for dispute resolution.

Approval by the National Surrogacy Board

The final step in the surrogacy approval process in India is the approval of the National Surrogacy Board. The board reviews the application, eligibility criteria, medical and psychological evaluations, and legal agreement to ensure that the surrogacy arrangement is ethical and in compliance with the law. Once the board approves the surrogacy arrangement, the intended parents can proceed with the surrogacy process.

Conclusion:

In conclusion, surrogacy is a legal and regulated process in India, and the government has laid down specific guidelines for surrogacy contracts and documentation. A surrogacy contract is a legally binding agreement between prospective parents and a woman who agrees to carry their child. The contract must be drafted in compliance with the guidelines laid down by the National Surrogacy Board. The surrogacy process involves a series of medical and legal procedures, and it is essential to understand the legal framework and requirements before entering into a surrogacy arrangement in India.