Surrogacy is a medical process in which a woman carries and delivers a baby for another couple or individual. In India, the surrogacy process is regulated by law, and there are certain legal requirements that must be met to ensure the safety and well-being of all parties involved. Here are some of the key eligibility criteria and legal requirements for surrogacy in India.
Eligibility Criteria for Couples and Surrogates
Couples who wish to use surrogacy must meet certain eligibility criteria. The couple must be legally married, and the woman must be between the ages of 23 and 50 years, while the man must be between 26 and 55 years. The couple must not have had a child before, and the single woman must be between 35 and 45 years of age and either married, divorced, or a widow. If a single woman has a surviving child from a previous marriage, she is not eligible for surrogacy.
There are several legal requirements that must be met before surrogacy can take place in India. The intended parents must provide proof of marriage and certificates of age, and the surrogate must provide a certificate of essentiality to ensure that surrogacy is medically necessary. A certificate of medical indication must also be obtained from the district board, and the surrogate must have a certificate of eligibility from the board. If there has been a previous abnormal baby, the intended parents must approach the district court for permission.
The surrogate must also have insurance for three years and provide an affidavit or guarantee of her health. The intended parents must be biological parents, and embryo donation is not allowed. Any appropriate medical condition like MRKH, Unicornuate uterus, multiple IVF failure, miscarriage, or abortion may make the couple eligible for surrogacy.
The Role Of The Surrogate Mother in the Process
The role of the surrogate mother is essential in surrogacy. Surrogates are women who carry a child for another couple and then give birth to the child on their behalf. Most people who choose to be surrogate mothers do so out of a selfless desire to help others. The only motivation for the surrogate mother is to offer a loving family to a person who otherwise would not have one.
A lot of feelings are involved in this. Surrogate mothers are responsible for carrying a child for nine months before giving it up for adoption. Surrogates play an integral role in the process beyond simply carrying the child. Both the patient and their support system must be capable of withstanding the strain of extensive medical treatment. They are carrying more than just a kid in their belly; they are carrying the hopes and dreams of an entire family.
Requirements For The Surrogate Mothers
The surrogate must be a willing woman brought in by the intended parents, and no monetary expenditure is allowed. The surrogate must be between the ages of 25 and 35 on the day of implantation, be married, and already be the parent of at least one child.
The surrogate can only carry a child for the intended parents once, and there are only three attempts allowed. The surrogate can only be implanted with one embryo.
The Surrogacy Process Approval in India
Surrogacy is a medical process in which a woman carries a child for another individual or couple who cannot conceive or carry a pregnancy to term. In 2021, the Indian government introduced a new surrogacy law that outlines a stringent approval process to ensure ethical surrogacy practices.
National Surrogacy Board Approval
The first step in the surrogacy approval process in India is to apply to the National Surrogacy Board (NSB) for approval. The application must include the intended parents’ details, their medical history, and a certificate of their inability to conceive. Additionally, the surrogate mother’s medical and family history must be provided, along with a medical fitness certificate. The NSB will review the application and conduct a thorough background check to ensure that all parties involved meet the necessary criteria for surrogacy.
Surrogacy Center Selection
Once the application is approved by the NSB, the intended parents can begin the surrogacy process with a surrogacy center. It is crucial to choose a reputable surrogacy center to facilitate the surrogacy arrangement, coordinate medical procedures, and ensure the well-being of all parties involved. The surrogacy center should be registered with the Indian Council of Medical Research (ICMR) and must comply with the guidelines set by the NSB.
Before the surrogacy process begins, the surrogate mother and intended parents must undergo a medical evaluation. The evaluation will include a physical examination, blood tests, and genetic screening. The surrogate mother must be physically fit and not have any medical conditions that could endanger her health or the health of the unborn child. The intended parents must also be evaluated to ensure that they are fit to raise a child.
Once the medical evaluation is complete, the surrogate mother and intended parents will sign legal agreements that outline the terms and conditions of the surrogacy arrangement. The legal agreement should cover the surrogate mother’s rights and responsibilities. The agreement should also outline the intended parents’ parental rights and responsibilities.
The surrogacy procedure involves fertilizing the intended mother’s egg with the intended father’s sperm in a laboratory. Once fertilization occurs, the embryo is implanted in the surrogate mother’s uterus. The surrogate mother will carry the child to term and give birth.
In India, surrogacy is regulated by law, and there are penalties for violating the rules. If a person is found guilty of violating surrogacy regulations, they may face a fine of Rs 10 lakhs or up to 10 years in jail. Therefore, it is essential to follow all legal requirements to ensure a safe and successful surrogacy process.