Surrogacy is a complex and emotionally charged process that involves multiple legal, ethical, and medical considerations. One of the most commonly asked questions is whether a surrogate can keep the baby after birth. In India, the answer is governed strictly by the Surrogacy (Regulation) Act, 2021, which provides clear guidelines on parental rights and legal obligations.
Understanding Surrogacy Contracts
A surrogacy agreement is a legally enforceable contract that defines the rights and responsibilities of both the intended parents and the surrogate. This contract outlines the rights, responsibilities, and expectations of both parties. It typically includes provisions related to:
- Parental rights and responsibilities
- Compensation and reimbursement (where legally permitted)
- Medical and psychological requirements
- Legal procedures for establishing parentage
Legal Considerations in India (2024)
The Surrogacy (Regulation) Act, 2021 strictly governs surrogacy arrangements in India. Key provisions include:
Altruistic surrogacy only – Commercial surrogacy is banned, meaning the surrogate cannot be paid beyond medical expenses and insurance coverage.
Eligibility criteria – Only legally married Indian couples (with at least five years of marriage) or single women (widow/divorcee) can opt for surrogacy.
Surrogate qualifications – The surrogate must be a close relative of the intended parents and must have given birth to at least one child before.
Legal binding agreement – A legally enforceable surrogacy agreement must be signed before proceeding.
Parental rights – Once the baby is born, the intended parents are recognized as the legal parents, and the surrogate has no claim over the child.
Given these regulations, a surrogate in India cannot keep the baby, as the law explicitly recognizes the intended parents as the legal guardians from birth.
Legal Implications if a Surrogate Changes Her Mind
If a surrogate wishes to keep the baby, the law does not support her claim. The Surrogacy (Regulation) Act, 2021 ensures that parental rights are transferred to the intended parents upon birth. Courts will uphold the surrogacy contract and legal provisions that prioritize the rights of the intended parents.
Guaranteed Surrogacy in Delhi and Legal Protection
To ensure a smooth and legally secure process, it is crucial to follow all legal requirements outlined in the Surrogacy (Regulation) Act, 2021. With proper legal documentation and adherence to regulations, Guaranteed Surrogacy in Delhi offers intended parents peace of mind, securing their parental rights from the outset.