Legal Aspects Of Surrogacy In India

Commercial surrogacy has been legal in India since 2002. The legal aspects surrounding surrogacy in India are complex currently, diverse and mostly unsettled. In most of the countries world over, Surrogate Mothers or the woman giving birth to a child is considered as the Child's legal mother.

However, in very few countries, the Intended Parents are be recognized as the legal parents from birth by the virtue of the fact that the Surrogate has contracted to give the birth of the Child for the commissioned Parents. India is one country amongst the few, which recognize the Intended/ Commissioning Parent/s as the legal parents. Many states now issue pre-birth orders through the courts placing the name(s) of the intended parent(s) on the birth certificate from the start. In others the possibility of surrogacy is either not recognized (all contracts specifying different legal parents are void), or is prohibited.

Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the terms requiring consent of surrogate mother to bear child, agreement of her husband and other family members for the same, medical procedures of artificial insemination, reimbursement of all reasonable expenses for carrying child to full term, willingness to hand over the child born to the commissioning parent(s), etc.

There is also a new visa guideline in place in India. Patients should arrive on a medical visa when doing surrogacy in India and those applying for the medical visa should be legally married at least 2 years. India not accepting any new single parents at this time.

India's regulations are not against single parents; the FRRO specifically states that once the draft law is implemented and visa guidelines for single parents are re-issued, patients can start treatment again.

Surrogacy issues – Your legal rights when commissioning a surrogate will also vary from country to country, depending on the local legislation,kindly check the same from your end.You are requested to find out prevailing laws in yourcountry or from your respective consulate to facilitate and expedite the process for you to carry your baby back to your hometown. We can also offer to help you with contact with a lawyer to expedite your paperwork.

However, we strongly recommend you to check details yourself for Indian Immigration, FRRO, Visa extension at

Intended Parents from all over the world come down to India with great dreams and hopes for attaining the joy of parenthood by opting surrogacy in India

Kindly get in touch with us for knowing more on legal part of Surrogacy In India and how we can help you as a surrogacy clinic.Contact us today to start surrogacy process in India at or call us in confidence at +919979946222, We are here to help you get started.

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