Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021, regulates surrogacy practices in India. Here are the key provisions:
Types of Surrogacy Allowed:
Altruistic Surrogacy Only: The Act permits only altruistic surrogacy, which means the surrogate mother cannot receive any financial compensation beyond medical expenses and insurance coverage. Commercial surrogacy is prohibited.
Eligibility Criteria for Intended Parents:
Indian Citizens: Only Indian citizens are allowed to opt for surrogacy.
Married Heterosexual Couples: Surrogacy is available only to legally married heterosexual couples.
Age Restrictions: The wife must be aged 23 to 50 years, and the husband must be aged 26 to 55 years.
Medical Necessity: Surrogacy is allowed only for couples who have a medical indication for it, such as the absence or abnormality of the uterus, or severe health risks associated with pregnancy.
Eligibility Criteria for Surrogate Mothers:
Married Woman: The surrogate must be a married woman with at least one biological child of her own.
Age Limit: She must be aged 25 to 35 years.
Close Relative: The surrogate should be a close relative of the intended parents.
Surrogacy Certificate: She must obtain a certificate of eligibility and medical fitness.
Other Important Provisions:
Surrogacy Clinics: Only registered surrogacy clinics are allowed to perform surrogacy procedures. These clinics must adhere to strict guidelines and ethical practices.
National and State Surrogacy Boards: These boards oversee the implementation of the Act and ensure compliance.
Insurance: The surrogate mother must be provided with health insurance coverage for 36 months to cover any post-pregnancy complications.
Process at New World Fertility Centre:
At New World Fertility Centre in Delhi, the surrogacy process is conducted in compliance with the Surrogacy (Regulation) Act, 2021. Here’s a typical pathway:
1. Initial Consultation: Couples meet with fertility specialists to discuss their medical history and evaluate their suitability for surrogacy.
2. Medical Assessment: Both the intended parents and the surrogate mother undergo thorough medical evaluations to ensure they meet the eligibility criteria.
3. Legal Counseling: Legal experts provide counseling to ensure all parties understand their rights, responsibilities, and the legal framework governing surrogacy.
4. Matching with a Surrogate: The centre assists in finding a suitable surrogate who meets the legal requirements.
5. Consent and Agreements: All necessary consent forms and legal agreements are signed, outlining the terms and conditions of the surrogacy arrangement.
6. Medical Procedures: The surrogacy process begins, involving IVF treatment and embryo transfer to the surrogate.
7. Pregnancy Monitoring: The pregnancy is closely monitored to ensure the health and well-being of the surrogate and the developing baby.
8. Birth and Legal Formalities: Upon birth, legal procedures are followed to establish the parental rights of the intended parents.
Conclusion:
New World Fertility Centre in Delhi adheres strictly to the legal framework outlined in the Surrogacy (Regulation) Act, 2021, ensuring ethical practices and the protection of all parties involved. If you have further questions about surrogacy laws or wish to discuss your specific situation, it is advisable to schedule a consultation with the centre’s legal and medical experts.
