According to surrogacy law in India, the intended parents need to file a petition with the Court on the third day of the baby born for seeking a legal permission. The Court will review the documents signed before the surrogacy procedure where it is mentioned that the surrogate mother will hand-over the baby to his/her intended parents after the baby birth and she will be paid for her services. Once the Court identifies all the documents they order the Department of Vital Statistics to issue a new birth certificate in the name of intended parents as a legal parent of the baby born through surrogacy procedure and the surrogate mother have no relationship left with the baby born.
Once the procedure is completed it’s the responsibility of the intended parents that they never allow the surrogate mother to meet the baby in future and also they will not contact her for any reason in near future.
Surrogacy is a very delicate procedure and the World Fertility IVF clinic prefer to hire the married women with kids as she established her ability to bear the children as compared to the unmarried women or women without kids.
What claims in India does a surrogate have over the baby born through surrogacy procedure?
In India, the surrogate mother will not be considered as a legal mother of a baby born through surrogacy procedure. According to Indian government law of surrogacy, the surrogate mother cannot be genetically related to the baby born. Before beginning with the surrogacy procedure all the surrogate mothers are legally and psychologically counselled that they will not be having any rights over the child as her rights towards the intended parents and for the baby will be formulated in the gestational surrogacy agreement. In India, a child born through surrogacy will be the legitimate child of the intended parent/s and they have all the legal parental rights, similar to other privileges which a child born naturally to the intended parent/s would have had.
Who will be on the birth certificate?
In case, couple has undergone for the gestational surrogacy then the name of the intended parents will be on the birth certificate as a legal parent of the baby born, however, if the couple has undergone for the traditional surrogacy then the surrogate mother name will remain on the birth certificate as her eggs were used for the fertilization procedure and she is a biological mother of the baby born through surrogacy procedure. There is a way through which the intended mother can avoid the name of the surrogate mother represent on the birth certificate by employ herself as a step-parent adoption.
In both the cases, the surrogate mother provides the written document that she and her husband willingly transfer all the parental rights over the child to the intended parents and they have no relationship with the baby.
Once the procedure and all documentation work are completed the intended parents can take their baby to their home country.