Indian Surrogacy Laws Simplified!

Yes, commercial surrogacy is legal in India. But it is still loosened in our country as we do not have legislation managing surrogacy. Although the Indian Council of Medical Research (ICMR) has set ‘National Guidelines’ to control surrogacy, these stand still as the simply guidelines. All that this means is that surrogate mothers need to mark a “contract” with the childless couple. The contract is made by a Sr. Lawyer at our IVF clinic.

In 2005, The Indian Council for Medical Research offered guidelines to assist in controlling Assisted Reproductive Technology procedures. The Law Commission of India presented the 228^th report on Assisted Reproductive Technology procedures talking about the importance and need for surrogacy, and also the steps taken to manage surrogacy arrangements. The following observations had been made by the Law Commission:

i.            Arrangement to Surrogacy Laws in Indiawill continue to be ruled by a contract amongst parties, which will hold all the terms looking for the consent of the surrogate mother to bear the child, agreement of her husband and other family members for the same, medical procedures of artificial insemination, reimbursement of all reasonable expenses to carry a child to full term, willingness to give up the child born to the commissioning parent(s), etc. But such an arrangement should not be for commercial purposes.

ii.            A surrogacy arrangement should give for financial support to the surrogate child in the event of death of the commissioning couple or individual before delivery of the child, or divorce between the intended parents and following readiness of none to get delivery of the child.

iii.            A surrogacy contract should unavoidably look after life insurance cover for surrogate mother.

iv.            One of the intended parents should be a donor also, as the bond of love and affection with a child primarily originates from biological relationship. In addition, the chances to a variety of kinds of child-abuse, which have been taken in cases of adoptions, will be reduced. In case the intended parent is single, he or she should be a donor to have a surrogate child. Otherwise, adoption brings itself as the way to have a child, which appears option to if biological parents and adoptive parents are dissimilar.

v.            Legislation itself should recognize a surrogate child to be the lawful child of the commissioning parent(s) without there being any need for adoption or even a declaration of guardian.

vi.            The birth certificate of the surrogate child should hold the name(s) of the commissioning parent(s) only.

vii.            Right to the privacy of the donor with the surrogate mother should be guarded.

viii.            Sex-selective surrogacy should be made illegal.

ix.            Cases of abortions should be ruled by the Medical Termination of Pregnancy Act 1971 only.

 

i.            To provide sufficient information to the patients.

ii.            To explain to the patient the basis of selecting an exacting treatment and point to the choices the patient has, with the advantages and disadvantages of each choice.

iii.            To assist for the patient exercise a choice, that may be best for him/her, allowing for the individual’s circumstances.

iv.            To uphold records in an apt proforma to enable collation by a national body.

v.            When commercial DNA fingerprinting goes available, to continue its record, if the ART clinic desires and the couple concurs, DNA fingerprints of the donor, the child, the couple, and the surrogate mother should be performed.

vi.            To keep all information about donors, recipients, and couples confidential and secure. The information about the donor should be liberated by the ART clinic after suitable identification, only to the offspring and only if asked by him/her after he/she arrives at the age of 18 years, or as and when stated and needed for the legal purposes, and never to the parents.

vii.            To uphold appropriate, thorough records of all donor oocytes, sperm or embryos used, the manner of their use. These records must be continued for at least 10 years after which the records must be moved to a central depository to get maintained by the ICMR. If the ART clinic is ended during this period, the records must be transferred to the central repository in the ICMR.

viii.            To have the schedule of all its charges duly shown in the clinic and announced to the patient at the beginning of the treatment. There must be no extra charges beyond what was closed to the patient at the beginning of treatment.

ix.            To make sure that no technique is used on a patient for which the confirmed expertise does not exist with the staff of the clinic.

x.            To be completely see-through in all its operations. Therefore, the ART clinics must allow the patient recognize what the success rates of the clinic get in regard to the procedures planned to be used on the patient.

xi.            To have all consent forms available in English and local language(s).

i.            The basis, limits and likely conclusion of the treatment proposed, differences in its efficiency over the time, such as the success rates with the suggested treatments taken place in the clinic as well as around the world.

ii.            The potential side-effects and the risks of treatment to the women and the resulting child, such as the risks connected with the numerous pregnancies.

iii.            The need to decrease the number of viable foetuses, in order to make sure the survival of at least two foetuses.

iv.            Probable disturbance of the patient’s domestic life that the treatment may reason.

v.            The techniques involved, such as the possible worsening of gametes or embryos related with storage, and possible pain and discomfort.

vi.            The cost to the patient of the treatment proposed and of an alternative treatment, if any.

vii.            The significance to tell the clinic of the result of pregnancy in a pre-paid envelope.

viii.            To do the couple aware, if relevant, that a child born through ART has a right to look for information about his genetic parent/surrogate mother on reaching 18 years, excepting information on the name and address – that is, the individual’s personal uniqueness – of the gamete donor or the surrogate mother. The couple is not compelled to offer the information to which the child has a right, on their own to the child when he/ she arrives at the age of 18, but no effort must be made by the couple to screen this information from the child should an occasion arise when this issue gets itself important for the child.

i. Commonness in India is hard to forecast as there are no precise figures available and prevalence is also reliant on specialized centers that provide Surrogacy Laws in India as an option to couples that have no other way of getting a baby of their own.

ii. On the other hand, the success rate of surrogacy is above 55% with fresh embryos and 25% with frozen embryos.

iii. The package for surrogacy in India and Surrogacy Laws in India approximately charges 50% less as compared to other countries and could differ between Rs 8, 00, 000 to 15, 00, 000 just about.

iv. The surrogacy package price estimates above, covers doctor fees, legal fees, surrogate workup, antenatal care, release charges, surrogate compensation, egg donor, drugs and consumables, & IVF costs.