Laws & Ethics

Surrogacy, Laws and Ethics: India and SurrogacyIndia

Surrogacy laws in each country differs and is important to understand the same before embarking on important journey. Please allow us to highlight few of important points below.

 

  • ICMR

The first ICMR guidelines in India were released in 2002, and in October 2008, the Supreme Court unequivocally ruled that “commercial surrogacy is legal and an industry in India”, making it a legally protected and viable option for international couples. Read the Guidelines and other notifications here.

 

  • High Ethical Standards

SI follows all ART regulations in India strictly. Our focus is the Child and an easy exit for the child and parents.

 

  • ART Bank vs ART Clinic

ICMR Clearly states that ART Bank and ART Clinic need to be independent of each other. SurrogacyIndia takes pride to be the first and leading independent Surrogacy service provider (ART Bank) in India; with our in-house Fertility Physician, making it an unique combination giving you the best of both worlds.

 

Refer Chapter V; Clause 26; Para (1)(2)

(1) The screening of gamete donors and surrogates; the collection, screening and storage of semen; and provision of oocyte donor and surrogates, shall be done by an ART bank registered as an independent entity under the provisions of this Act

(2) An ART bank shall operate independently of any assisted reproductive technology (ART) clinic

 

 

  • Two Surrogates

As per ART Bill, couple are not allowed to use 2 Surrogates, we do not provide 2 surrogates any couples.

Refer Chapter VII; Clause 34; Para (2o), (21)

(20) A couple or an individual shall not have the service of more than one surrogate at any given time

(21) A couple shall not have simultaneous transfer of embryos in the woman and in a surrogate

 

 

  • SM Agreement

The SM Agreements are signed in the presence of Lawyer, who explains the surrogates in language they understand best. The agreement signing is also video recorded to ensure parity.

 

  • SI Agreement

SI signs a legal agreement (including the financial package) with our Intended Parents; arguably we are the only team in India which does this.

 

  • Gestational Surrogacy

We only promote, advocate and provide gestational surrogacy services. We never use surrogate eggs (traditional Surrogacy), thereby avoiding any legal or emotional complications.

 

Please read Eligibility Criterias

You may also write to us with specific queries if you have, at possible@surrogacyindia.com