Is Surrogacy Treatment Illegal in India?
Surrogacy has been a widely debated topic in India, particularly in recent years due to evolving legal regulations. The question of whether surrogacy treatment is illegal in India requires a nuanced explanation, as the laws have significantly changed to regulate the practice and prevent its commercial exploitation.
Understanding Surrogacy in India
Surrogacy is an assisted reproductive method where a woman (the surrogate) carries and delivers a child for another couple or individual. It is typically recommended for those who are unable to conceive due to medical conditions, repeated IVF failures, or uterine complications.
Is Surrogacy Legal in India?
Surrogacy in India is legal but heavily regulated. The Surrogacy (Regulation) Act, 2021, came into effect to prevent the commercialization of surrogacy and safeguard the rights of both the surrogate mother and the intended parents. According to this law:
Altruistic Surrogacy is Legal: Only close relatives of the intended parents can become surrogates, and they cannot receive monetary compensation, except for medical expenses and insurance coverage.
Commercial Surrogacy is Banned: Any form of surrogacy involving financial compensation beyond medical expenses is illegal.
Eligibility Criteria: Only infertile married couples (heterosexual) with proven medical conditions are eligible for surrogacy. Single parents, live-in partners, and foreign nationals are not allowed to pursue surrogacy in India.
Age and Documentation: Women aged 23-50 and men aged 26-55 can opt for surrogacy, provided they have a valid medical certificate confirming infertility.
Why Choose Surrogacy in Delhi?
Delhi has become a sought-after destination for surrogacy treatments due to its advanced medical infrastructure, experienced fertility specialists, and adherence to legal protocols. Many reputed fertility clinics in Delhi offer ethical and legally compliant surrogacy services. They provide comprehensive support, including fertility evaluations, legal guidance, and emotional counseling, ensuring a safe and transparent surrogacy process.
Key Considerations Before Opting for Surrogacy
If you are considering surrogacy in Delhi, it is essential to:
- Understand the Legal Framework: Ensure you meet the eligibility criteria and comply with the Surrogacy (Regulation) Act, 2021.
- Choose a Licensed Clinic: Opt for a certified fertility clinic with expertise in surrogacy procedures.
- Seek Legal Counsel: Legal experts can help you navigate the documentation and ensure compliance with the latest regulations.
Surrogacy in India is not illegal, but it is strictly regulated to prevent exploitation and safeguard the rights of all parties involved. For couples facing infertility challenges, surrogacy offers a viable path to parenthood. If you are considering surrogacy, consult with a trusted fertility clinic in Delhi to understand the process and legal requirements thoroughly.
