India has become a popular destination of Surrogacy due to various factors. Some of them are attributed to its low cost, world class medical care, expertise, huge pool of surrogates ready to help, English speaking efficient and compassionate staff and good connectivity within and outside India. Over the years it has developed into a World Class Service due to its professionalism, availability of plenty of compassionate surrogates and donors with a very efficient support base, state of the art hospitals availing modern technology and high success rate.
Commercial Surrogacy became legal in India in 2002 and Surrogacy service boomed attracting patients from the world over. Since this sector was unregulated the Indian government asked for suggestions from various stakeholders to formulate the rules and regulations which can be followed by people engaged in this field. With the help of the ICMR, law commission, suggestions from the activists and social reformists, the Indian government came up with the proposed bill. It says:
- Only Indian citizens having Indian Passports or valid Indian Identity proofs can avail Surrogacy in India.
- Foreigners are not allowed to use Surrogacy service in India.
- Married couples of more than two years can use this service.
- The surrogate mother should be between 21 to 35 years of age
- The surrogate mother should have at least one healthy child of her own
- There should be a contract in place defining all the details of the process along with the consent of the surrogate and her husband.
- In the event of death or divorce between the commissioned parents financial support for the surrogate child should be provided to the surrogate mother
- Life insurance cover for the surrogate should be included in the contract
- The birth certificate shall contain the names of the commissioning parents only
- Right to privacy of the surrogate and the donor must be maintained
- No sex-selective surrogacy is allowed Couples having own child is not allowed to avail surrogacy.
- A surrogate mother can give birth to only five children including one of her own
While we welcome the surrogacy regulation bill to protect the interests of the surrogates, whether its proper implementation is taking place by monitoring agencies needs to be seen. We at Matrika Medicare follow the legal process in totality and go by the book. In this way the surrogate mother as well as the intended parents are safe in our hands.
However, a couple is always advised to be aware of the laws of the land availing surrogacy and check with their surrogacy clinic whether they are being maintained.