Surrogacy contracts & documentation in India

All you need to know about surrogacy contracts & documentation in India

One of the most important documents that you will encounter during the surrogacy process is the surrogacy contract. It is also called a direct agreement; it must choose the best surrogacy services in Delhi or hire an independent surrogate. Otherwise, this process will lead to all sorts of problems at the end of the process.

The below information will help you to stay alert throughout the whole surrogacy process. Without further ado, let’s jump into it.


Is a surrogacy contract really necessary?

Legal surrogacy documentation protects all parties involved in the process and makes sure that everything goes smoothly. The contract has all the terms and conditions of the surrogacy process to remain transparent. Since the surrogacy cost in Delhi varies with the centre, details about the charges also get a mention in the contract.

The main reason for such contracts and documentation is that the legal parentage gets established without any confusion after the baby comes into this world. For a successful surrogacy, a surrogacy contract is a legal foundation.


Key elements of surrogacy contracts and documentation

  • Description of surrogacy law

Each country has its surrogacy law. Whether it’s surrogacy in India or anywhere else in the world, the process’s laws get outlined in the contract. Things like costs, parentage rights, and protection against unfavorable outcomes are also mentioned.

  • Medical consent

Both intended parents and the surrogate mother will have to undergo testing for communicable diseases like AIDS and malaria. Also, they will undergo other medical screening procedures to determine their health. The contract enlists all the procedures that all parties involved will undergo. It will also state the medical risks that come with this procedure.

  • Cost

The surrogacy packages in India differs widely based on the centre you choose and your requirements. The information regarding the package you choose will get mentioned in a surrogacy contract. Also, the surrogate mother’s benefits and compensation will be present here.

  • Legal parentage

This agreement will also say that the legal authority of the child belongs to the intended parents. It will also declare that the donors or surrogate mother will have no legal authority over the child. In future, if any confusion arise, this will prevent it.

  • Unusual but possible outcomes

Some topics may seem a bit too much but need to be told upfront before proceeding with surrogacy. Details on what to do if rare events like the death of a surrogate or intended parent happen should be present in the document. In such unlikely events, the contract will have the final say on what to do if they occur. Before signing documents, it is important to have face-to-face discussions on such topics.


Reading big documents may not be easy – but one wrong thing in the document can lead to all sorts of legal problems. If you have any doubts, consult the best surrogacy in India before you start with the procedure.

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