Laws

Gestational Surrogacy Laws in India helps one have Legal Fertility Solutions

Know Gestational surrogacy at GestationalSurrogacyIndia is legal in India. But it is still unregulated in the country as we do not have legislation controlling surrogacy. Although the Indian Council of Medical Research (ICMR) has set ‘National Guidelines’ to normalize surrogacy, these are still simply guidelines. All that this stands is that surrogate mothers require signing a “contract” with the childless couple. There are no conditions as to what will come about if this “contract’ is violated.

Indian Council for Medical Research’s Guidelines for Surrogacy

The Indian Council for Medical Research offered guidelines to facilitate in regulating Assisted Reproductive Technology procedures. Here, The Law Commission of India brought in vision also the steps taken to control surrogacy arrangements. The following observations had been made by the Law Commission:

The ART clinic must not be a party to any commercial constituent in donor programmes or in gestational surrogacy.
No ART procedure shall be done without the spouse’s consent.
Sex selection at any stage i.e. both before and after fertilization or abortion of embryos of any particular sex should not be allowed except to keep away from the risk of transmission of a genetic irregularity assessed through genetic testing of biological parents or through pre-implantation genetic diagnosis (PGD).
Use of sperm donated by a relative or a known friend of either the wife or the husband should not be permitted. It will be the liability of the ART clinic to get sperm from suitable banks.
The committee has suggested recognizing semen only from Semen Bank and not from the individual. Therefore, it has also been recommended that Semen Bank should be an independent organization, if put well by an ART clinic it must function as a separate identity.
No relative or a person known to the couple may take steps as Surrogate.
Surrogacy by assisted conception should usually be believed only for patients for whom it would be physically or medically impossible to carry a baby to term.
The genetic parents must take on a child born through surrogacy.
After a precise consent, the embryos may be stored for five years and stored embryos may be used either for other couples or for research after obtaining the consent of the couple to whom the embryos belongs.
The sale or transfer of human embryos or any part thereof, or of gametes in any form and in way that is directly or indirectly to any party outside the country must be forbidden.
Human cloning to delivering replicas must be excluded.
Stem cell cloning and research on embryos needs to be encouraged.
A child born through ART should be assumed to be the lawful child to the couple, born within wedlock and all the assistant rights of parentage, support and inheritance.
Though there is no legal bar on an unmarried woman going for Artificial insemination with donor, however it is generally recommended that artificial insemination with donor should be done only on married woman and that, too, with the on-paper consent of her husband.
There is an urgent need to have infertility treated like any other disease the expense of arranging which by authorized ART clinics should be reimbursable e.g. by the Government or by the health insurance company, but for one child only.

Success of Surrogacy in India

Success of surrogacy in India is tough to envisage as there are no exact figures available and its success is also dependent on specialized centers that furnish to surrogacy as an option to couples that have no other way of getting a baby of their own.
On the other hand, the success rate of surrogacy is almost 45% with fresh embryos and 25% with frozen embryos.
The package for surrogacy in India almost is less as compared to other countries roughly.
The surrogacy package price covers doctor fees, lawful fees, surrogate work up, antenatal care, delivery charges, surrogate compensation, egg donor, drugs and consumables, & IVF costs.

Our Services

Pre-Surrogacy Legal Counseling
Representing Intended Parents
Sourcing of Surrogate Mothers
Counseling for Surrogate Mothers
Help in Surrogacy Agreement
Facilitate to Review of Contract
Surrogacy Arrangement Contract

Assisted Reproductive Technologies Bill, 2008

Keeping in mind that the growing number of Surrogacy cases in India that the Surrogacy would face in the future, the Government of India selected to turn up with a law which would rule the Surrogacy and ART in India.

Features of Assisted Reproductive Technologies Bill, 2008

Constitution of an authority at National level and State level to register and order the IVF clinics and ART centers.
Creation of a forum to file complaints for objections against clinics and ART centers.
Imposing duties and responsibilities on the clinics and ART centers.
Regulations for sourcing, storage, handling, record keeping of Gametes, Embryos and other human reproductive materials.
Placing rights and duties on surrogate and intended parents.
Imposing severe penalties for breach of the duties and regulations under the Act.

The above features are dynamic in nature and will go a long way in forming the entire surrogacy procedure transparent and fair. The chances of any exploitation of the Intended Parents and Surrogate will be eradicated all together.
Even if, there is no law or legislation to control Surrogacy in India, the entire surrogacy process is accepted out in moral and transparent manner bearing in mind the ICMR guidelines and proposed new law.

Des.: At GestationalSurrogacyIndia, bear in mind for Gestational Surrogacy Laws in India helpful to those willing to have their families complete with a baby but as per Lawful consent.