Lets Intended Parent get Baby Legal

G estational surrogacy is known as the legal and medical process by which a surrogate woman bears the genetic material ofbirth-shot the intended father or sperm donor and intended mother or egg donor. Surrogacy in India renders itself as an attractive option for couples who wish to have their names on the birth certificate; wish to have a professional relationship with their surrogate, but have the benefit of excellent healthcare. Surrogate baby birth certificate is the legal process to proof that child is legally associated with intended couples and not with surrogate. Also, surrogates in the country have no parental rights and cannot change their mind about giving up a child to the intended parents. In India, the surrogate is not believed as the legal mother.

As per ICMR Guidelines 2005, a surrogate mother cannot be hereditarily associated to the child. She is lawfully and psychologically counseled that she will not be having any rights over the child. Her rights and obligations towards the intended parents as well the child are formulated in the gestational surrogacy agreement. In addition, a child born through surrogacy shall be presumed to be the legitimate child of the intended parents and shall have all the legal rights to parental support, inheritance and all other privileges which a child born naturally to the intended parents/s would have had.[toggle title=”Getting Gestational Surrogacy Birth Certificate” state=”open” ]

  • Go through the public relations officer at the hospital, where the public relations office works with through a service.
  • Go through a service/person who knows the process.
  • Go to the local municipal office of the state and get through the process yourself, either waiting the 21 days (or longer).

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  • Confirm you do write all information very clearly on the hospital birth registration form and on the letter to the municipal office of the state so that the birth certificate is not printed incorrectly. It is an even bigger practical hassle to get it fixed.
  • Make copies of the hospital registration form and the letter you send so that if there is an error, you could show it was not yours.
  • Do not ever base your plans on when you expect to obtain the birth certificate.

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  • In the case of single parent, only the genetic mother or father could be on the surrogacy agreement and the baby’s birth certificate.
  • For couples, both parent’s names appear on the birth certificate given one parent has a genetic link with the child.
  • The municipal office of the state issues birth certificates, as it is wise to have your baby’s birth certificate stamped with an apostille seal. The apostille seal is a globally recognized seal and gives the birth certificate legal in the countries outside of India.

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Many people do ask us why the surrogate mother’s name is not on the baby’s birth certificate. In the end, she gave birth at the hospital. How does the hospital recognize whose names to place on the birth certificate? Here is how it works:[starlist]

  • When the surrogate mother is about 4-5 months pregnant, the intended parents will start the legal work essential to have their names put on the baby’s birth certificate.
  • The surrogate mother and her spouse, if she has one, and the intended parents will sign court documents asking a judge to issue an order. This order is to tell the hospital to put the intended parents’ names on the birth certificate, not the surrogate mother’s.
  • Also, the judge’s order will tell the hospital to let go to the baby to the intended parents, not the surrogate mother.
  • The intended parents and surrogate mother bring this order with them to the hospital on delivery day to make sure the birth clerk completes the birth certificate correctly and the baby is released to its intended parents.


Believing on “GestationalSurrogacyIndia” in getting gestational surrogacy birth certificate easily, it comes in vision that every practice from the company makes possible the way to get family complete.