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Surrogates in India

Your Trusted Partner for Surrogacy in India

Indian Egg Donors is here to support intended parents worldwide by facilitating surrogacy arrangements in India. Our commitment to connecting you with experienced and compassionate surrogates ensures a seamless and supported journey toward building your family.

Become A Surrogate

Why Choose Indian Egg Donors for Surrogacy in India?

Extensive Network of Surrogates

We offer one of India’s largest networks of experienced surrogates, ensuring you find the right match for your surrogacy needs.

Culturally Diverse Options

Our surrogates come from various cultural backgrounds, providing intended parents with diverse and personalized options that meet your requirements.

Collaborations with Leading IVF Centers

We work closely with over 100 renowned IVF clinics across India, including top names such as Cornell, NYU, and Columbia, ensuring the highest standards of care.

Comprehensive Support

From selecting your surrogate to completing your surrogacy journey, our team offers expert support and guidance every step of the way, ensuring peace of mind throughout the process.

1000+ Surrogate Profiles

Our extensive database includes many surrogates, helping you find the perfect match in India.

Legally Compliant Procedures

We strictly adhere to Indian laws and ethical standards, ensuring that all surrogacy practices are fully compliant and transparent.

Expert Guidance

From the initial consultation through to the final stages of surrogacy, our team provides expert legal, medical, and emotional support throughout your entire journey.

Why Choose Indian Egg Donors for Surrogacy in India?

  • Extensive Network of Surrogates

We offer one of India’s largest networks of experienced surrogates, ensuring you find the right match for your surrogacy needs.

  • Culturally Diverse Options

Our surrogates come from various cultural backgrounds, providing intended parents with diverse and personalized options that meet your requirements.

  • Collaborations with Leading IVF Centers

We work closely with over 100 renowned IVF clinics across India, including top names such as Cornell, NYU, and Columbia, ensuring the highest standards of care.

  • Comprehensive Support

From selecting your surrogate to completing your surrogacy journey, our team offers expert support and guidance every step of the way, ensuring peace of mind throughout the process.

  • 1000+ Surrogate Profiles

Our extensive database includes many surrogates, helping you find the perfect match in India.

  • Legally Compliant Procedures

We strictly adhere to Indian laws and ethical standards, ensuring that all surrogacy practices are fully compliant and transparent.

  • Expert Guidance

From the initial consultation through to the final stages of surrogacy, our team provides expert legal, medical, and emotional support throughout your entire journey.

Key Changes in India’s Surrogacy (Regulation) Act, 2024 (Effective February 21, 2024)

As of February 2024, India’s Surrogacy (Regulation) Act introduces several critical changes, altering the surrogacy landscape:

  • Ban on Commercial Surrogacy: The Surrogacy (Regulation) Act bans commercial surrogacy in India. Surrogacy can only occur altruistically, meaning no financial gain for the surrogate beyond her medical expenses and reasonable compensation.
  • Eligibility Criteria for Surrogacy: The new law limits surrogacy to married heterosexual Indian couples with a valid certificate of proven infertility. Only legally married couples who have been married for at least five years are eligible for surrogacy.
  • Restrictions on Surrogacy for Specific Groups: The law prohibits surrogacy for single individuals, same-sex couples, and those in live-in relationships. Only married couples are eligible to pursue surrogacy.
  • Mandatory Counseling: Both intended parents and surrogate mothers must attend pre-surrogacy counseling sessions. These sessions ensure that both parties fully understand the surrogacy process and are emotionally and mentally prepared.
  • Surrogacy Exclusively for Indian Citizens: The law restricts surrogacy to Indian citizens, OCI holders, and NRIs. It bans surrogacy for foreign nationals or non-Indians residing in India, effectively making India a destination for Indian couples only.
  • Sex Selection is Prohibited: The Surrogacy (Regulation) Act strictly prohibits sex selection during the surrogacy process, ensuring ethical and medically sound practices.
  • Age Criteria for Intended Parents: The law mandates that the woman in a surrogacy arrangement must be between 23 and 50 years old, while the man must be between 26 and 55 years of age. Both intended parents must not have children from prior marriages or relationships.

International Surrogacy Options and Cost Benefits

  • Creative Programs in Other Countries: For those outside India, Indian Egg Donors also offers legal surrogacy programs in countries like the USA and Canada, where legal frameworks support surrogacy and IVF treatments.
  • Affordable Surrogacy Options: While the surrogacy process is heavily regulated in India, it offers a cost-effective solution. Creating embryos using Indian egg donors and shipping them to countries like the USA can cost as little as $16,000, a fraction of the typical $35,000 cost in the USA.

The ART Act and Surrogacy: Legal Framework

  • ART Act Overview: India's Assisted Reproductive Technology (ART) Act governs the use of sperm, eggs, gametes, zygotes, and embryos within India. This act prohibits the sale, transfer, or use of gametes and embryos unless it involves personal use with the approval of the National ART and Surrogacy Board (NARTSB).
  • Embryo Export for Surrogacy: Although it is illegal to export sperm or frozen eggs from India, embryos conceived in Indian IVF clinics can be legally shipped abroad for use in surrogacy-friendly countries, following proper documentation procedures.

Surrogacy Bill: Detailed Insights

  • Defining Surrogacy: The Surrogacy Bill defines surrogacy as the process where an embryo formed using the gametes of the intended parents is transferred to the uterus of a surrogate mother. A surrogate mother is a woman who voluntarily carries and gives birth to a child for the intended parents.
  • Prohibition of Commercial Surrogacy: The Surrogacy Bill bans commercial surrogacy. Surrogacy services are only allowed on an altruistic basis, ensuring that the surrogate is not financially compensated beyond medical expenses and reasonable living costs.
  • Eligibility Criteria: Surrogacy is exclusively available to heterosexual, married Indian couples with proven infertility. Surrogates must be between 25 and 35, married with children, and meet specific medical requirements.
  • Mandatory Pre-Surrogacy Counseling: Both intended parents and surrogates must attend pre-surrogacy counseling sessions. These sessions help both parties understand surrogacy's process, legalities, and emotional implications.
  • Surrogacy Board for Regulation: The government has established a Surrogacy Board to regulate the surrogacy industry. The board is responsible for issuing surrogacy licenses, monitoring clinics, and ensuring compliance with ethical standards.

Legal Aspects of Surrogacy in India

On February 21, 2024, the Indian government made significant changes to the surrogacy laws, particularly in allowing the use of egg and sperm donors. However, many key provisions from the Surrogacy (Regulation) Bill 2021 remain unchanged. Below is a breakdown of the essential legal aspects still in place:

Key Features of the Surrogacy (Regulation) Bill, 2021

  • Formation of Surrogacy Boards: The Bill mandates the establishment of surrogacy boards at both the national and state levels to ensure effective regulation and oversight of surrogacy procedures.
  • Eligibility for Altruistic Surrogacy: Altruistic surrogacy is permitted for infertile, married Indian couples between the ages of 23-50 for females and 26-55 for males.
  • Indian Citizens Only: Only Indian citizens are eligible for surrogacy within India, as per the current regulations.
  • Prohibition for Single Men: Under the current laws, surrogacy services are not available for single men in India.
  • Eligibility for Foreign Nationals: Surrogacy is permissible for Indian citizens with H-1 visas or Green Cards in the USA. Additionally, those of Indian origin who are citizens of the USA, Canada, or another country but hold an Overseas Citizen of India (OCI) card are also eligible.
  • Citizenship of the Child : Children born through surrogacy in India will be granted Indian citizenship. Parents can then apply for non-Indian citizenship based on the laws of their country of origin.
  • Essentiality and Eligibility Certificates: Couples must obtain a certificate of essentiality and a certificate of eligibility before proceeding with surrogacy.
  • Protection of the Child's Rights: Surrogacy laws ensure that the child born through surrogacy is entitled to all the rights and privileges of a natural child. Intended parents are legally bound not to abandon the child under any circumstances.
  • Surrogacy Clinics Regulations: All surrogacy clinics in India must be registered with the appropriate authorities to conduct surrogacy procedures.
  • Safeguards for Surrogate Mothers: The law provides various protections for surrogate mothers, including mandatory insurance coverage.
  • Prohibition of Sex Selection Sex selection: is strictly prohibited in the surrogacy process in India.

Surrogacy Laws in India: Eligibility and Regulations

Eligibility Requirements for Intended Parents

  • Nationality: Must be Indian citizens or OCI card holders with valid passports.
  • Marital Status: Must be legally married for at least five years.
  • Age Criteria: Female partners must be between 23-50 years old, and male partners between 26-55 years old.
  • No Existing Children: The couple must have no biological or adopted children.
  • Medical Certification: Couples must have medical certification of infertility.

Eligibility Requirements for Surrogate Mothers

  • Citizenship: Must be an Indian citizen with valid ID proof.
  • Age: Between 25-35 years old.
  • Marital Status: Must be married and have at least one biological child.
  • Health Requirements: Must be physically and mentally fit for pregnancy.
  • Close Relative: The surrogate must be a close relative of the intending parents, as defined by the law.

Legal Procedures for Surrogacy in India

The legal process is crucial to ensure compliance with the Surrogacy (Regulation) Act. This process is typically managed by an attorney who can handle the paperwork and legal formalities. The steps generally include:

  • Obtaining Certificates The intending parents and the surrogate mother must obtain eligibility certificates from the designated authorities.
  • Surrogacy Agreement A legally binding surrogacy agreement must be signed by both parties, ensuring clarity on their rights and responsibilities.
  • Court Approvals Surrogacy agreements require court approval at various stages during the process.
  • Registration with the Surrogacy Board Both parties must be registered with the Surrogacy Board to ensure legal oversight.
  • Medical and Psychological Evaluations Both the intended parents and the surrogate mother must undergo medical protocols and psychological evaluations to ensure the surrogacy process is carried out ethically and safely.

Court Filings Required for Surrogacy

Before Birth:

  • Surrogacy Agreement Intended parents and surrogate mothers must enter a legally binding surrogacy agreement that clearly defines the rights, duties, and expectations of both parties.
  • Parentage Order In certain cases, a parentage order must be obtained from the court to establish the legal parentage of the child and terminate the rights of the surrogate mother (and her spouse, if applicable).

After Birth:

  • Documentation and Legal Filings
  • After the child is born, intended parents must submit legal documents such as birth certificates, affidavits, and consent forms to establish their legal parentage.

Seeking Professional Legal Help

Surrogacy in India can be legally complex, and it is essential to seek guidance from a qualified legal professional who specializes in surrogacy law. Legal professionals can help you navigate the process, ensure compliance with all relevant laws, and mitigate potential risks.

Important Note: The information provided is for general awareness only and should not be construed as legal advice. For specific guidance, please get in touch with our agency or a qualified lawyer specializing in surrogacy law in India.

Testimonials

“Navigating the legal landscape of assisted reproductive technology in India can be complex. Indian Egg Donors’ comprehensive guide on the ART Act and surrogacy regulations provided us with the clarity we needed. Their detailed discussion of laws ensured that we understood the ethical and legal frameworks, making our journey smoother and more informed.”

Priya & Rajesh, Intended Parents

“As a first-time egg donor, I was apprehensive about the legalities involved. Indian Egg Donors’ transparent approach and thorough explanation of the ART Act and surrogacy laws reassured me. Their commitment to ethical practices and legal compliance made me feel confident and supported throughout the process.”

 Anjali, Egg Donor

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