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Surrogacy in India

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A blessing for the childless couples ‘Surrogacy’, has become a much sought after resort for those who want to battle infertility and the associated trauma. Let’s find out more about this option that individuals are increasingly seen adopting at present.

What is surrogacy and why is it done?

Surrogacy is an arrangement and/or contract wherein a woman agrees to give birth to a baby for another couple. Mostly, women or couples who are unable to conceive or have had experienced pregnancy complications in the past, resort to surrogacy.

It is being adopted by many individuals and/or couple these days. The greatest benefit or the biggest reason why is it done is that the embryo is created from the woman’s egg and the man’s sperm, so the child biologically belongs to the parents. Thus, those couples who are not comfortable with the thought to adopt someone else’s child, go for surrogacy to have their ‘own’ child.

Surrogacy in India

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In this day and age, India has become a preferred choice of many couples from all over the world who wish to adopt surrogacy. There are several reasons why India is being selected as a destination for surrogacy. Some of these are:

  • Surrogacy treatment is economical In India and is low cost as compared to many other countries
  • India has some of the best IVF doctors in the world
  • There is an easy availability of women in India who wish to be surrogate mothers to help childless couples

Problems/complications associated with surrogacy

Emotional traumaThere are cases wherein a surrogate mother changes her mind and does not want to give the custody of the child she has given birth to. However, there are legally binding contracts that reserve the right of the commissioning parents to have the custody of the child to avoid such scenarios later on.

Abiding by the contractEven when most surrogacy contracts clearly state the various rules that a surrogate woman must follow during her pregnancy, there are cases when the surrogate breaches the contract by indulging in drinks, cigarettes or even drugs – which is extremely detrimental to the health of the baby.

Medical problems or complications – Often it has been observed that when medical complications arise in the pregnancy, either with the mother or the child, there are disagreements between the couple and the surrogate mother about continuing with the pregnancy. This is a common cause of concern when it comes to opting for surrogacy. Thus, all the parties involved should clearly list the course of action to be adopted, if any such instance occurs during the pregnancy.

Legal aspects related to surrogacy in India

  • Commercial surrogacy is legal in India. There are many developed countries wherein it is not allowed to give compensation to the surrogate woman. However, in India a surrogate woman is allowed to accept compensation for renting her womb.
  • As per the Indian law, in the event of death of the commissioning couple or an individual before the birth of the child, or in the event of divorce between the intended parents and their unwillingness to take the custody of the child, financial support for the surrogate child is to be provided by the couple.
  • In 2013, India introduced a rule that banned surrogacy to be adopted by unmarried couples, single persons and other groups.
  • As per the Indian law, a surrogacy contract should have a life insurance cover for the surrogate mother.
  • It is also necessary for one of the intended parents to be a donor, so as to develop and maintain their love for the surrogate child.
  • Once the baby is born, the birth certificate of the child should have the name(s) of the commissioning parent(s) only.
  • In India, sex-selective surrogacy is strictly prohibited.

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