At Health Law Clinic, we provide comprehensive legal services related to surrogacy, ensuring that all ethical and legal guidelines under the Surrogacy (Regulation) Act, 2021 are meticulously followed. Our team is committed to protecting the rights and interests of all parties involved—intended parents, surrogates, and children born through surrogacy—by guiding them through the approval process, drafting surrogacy agreements, and ensuring ethical practices throughout the arrangement.
With the Surrogacy
(Regulation) Act, 2021 bringing strict regulations to the practice of
surrogacy in India, it’s vital to have a clear understanding of the legal
requirements to ensure compliance. We help you navigate this complex and
sensitive process to ensure that all parties involved are protected under the
law.
Surrogacy
Approval Process
The Surrogacy (Regulation)
Act, 2021 mandates a clear and stringent approval process for surrogacy
arrangements in India. Intended parents and surrogates must meet specific
medical, psychological, and legal criteria before proceeding with a surrogacy
arrangement. Our team offers step-by-step guidance to ensure compliance with
all necessary legal, medical, and ethical requirements, ensuring a smooth and
lawful surrogacy journey.
Our services include:
Ø Eligibility
Assessment for Intended Parents: We assist intended parents
in understanding the legal criteria set by the Surrogacy (Regulation) Act,
2021, such as age limits (between 23 and 50 years for women and 26 to 55
years for men), marital status (only legally married couples), and proof of
medical necessity (such as infertility or medical conditions preventing
pregnancy).
Ø Surrogate
Eligibility: We guide surrogates through the approval
process, ensuring they meet the legal criteria, including being a married woman
aged 25 to 35 years, having had at least one biological child of their own, and
undergoing medical and psychological assessments.
Ø Medical
and Psychological Screening: Ensuring that all medical tests and
psychological evaluations are carried out for both the intended parents and the
surrogate, as mandated by the Act. This includes medical clearance from an Indian
Council of Medical Research (ICMR)-approved fertility clinic and
psychological assessments to confirm emotional preparedness.
Ø Legal
Clearances: Helping intended parents and surrogates secure the
necessary legal clearances, including approval from the National Surrogacy
Board and the State Surrogacy Boards, which oversee the regulatory
process for surrogacy arrangements in India.
Surrogacy
Contract Drafting & Compliance
A well-drafted surrogacy
contract is essential for ensuring that the rights of all parties involved are
respected and protected. The Surrogacy (Regulation) Act, 2021 requires
that all surrogacy arrangements be formalized through a legally binding
agreement between the intended parents and the surrogate. This contract must
adhere to the legal framework set forth by the Act, ensuring compliance with
ethical guidelines and safeguarding the interests of all involved.
Our services include:
Ø Drafting
Surrogacy Agreements: We draft clear and comprehensive surrogacy
contracts that detail the roles, responsibilities, and expectations of both the
intended parents and the surrogate. The agreement includes provisions regarding
medical care, compensation (only for medical expenses), and the surrogate's
rights throughout the pregnancy.
Ø Legal
Compliance: We ensure that all surrogacy contracts are in full
compliance with the Surrogacy (Regulation) Act, 2021, which restricts
any financial compensation to the surrogate beyond medical expenses and
prohibits commercial surrogacy arrangements.
Ø Parental
Rights and Custody: The agreement will address important legal
aspects such as the transfer of parental rights from the surrogate to the
intended parents after the birth, ensuring that the intended parents’ legal
parentage is formally recognized.
Ø Dispute
Resolution: In the event of disagreements or disputes between the
surrogate and intended parents, we include mediation and arbitration provisions
to resolve issues amicably without court intervention.
Ethical
Surrogacy Support
The Surrogacy (Regulation)
Act, 2021 has introduced strict ethical guidelines to ensure that surrogacy
arrangements are altruistic and conducted with the best interests of all
parties in mind. Commercial surrogacy (where surrogates receive
compensation beyond medical expenses) is prohibited, and the Act allows
surrogacy only when it is altruistic, i.e., where the surrogate is not paid for
the pregnancy beyond reasonable medical expenses.
We help you navigate the
ethical and legal complexities of surrogacy by:
Ø Ensuring
Altruistic Surrogacy: We ensure that the surrogacy arrangement is
in compliance with the Act’s altruistic requirements, ensuring that the
surrogate is not financially compensated beyond medical expenses and other
necessary reimbursements.
Ø Ethical
Screening: We ensure that both the intended parents and the
surrogate undergo a thorough ethical screening process, including counseling
and mental health evaluations, to ensure the emotional well-being of all
involved.
Ø Prevention
of Exploitation: Our legal team works to ensure that the
surrogate’s rights are respected and that she is not exploited or coerced into
entering the surrogacy arrangement. The Surrogacy (Regulation) Act, 2021
includes provisions to prevent exploitation, especially of economically
vulnerable women.
Ø Post-Birth
Support: Providing legal advice on the surrogate’s post-birth
rights, including emotional and financial support, to ensure a smooth
transition after the birth and handover of the child to the intended parents.
Surrogacy: Key
Legal Aspects in India
Ø Surrogacy
(Regulation) Act, 2021: This Act regulates the practice of
surrogacy in India, ensuring that only altruistic surrogacy is permitted and
prohibiting the commercialization of surrogacy services. It mandates all
surrogacy arrangements be undertaken through registered clinics, with strict
compliance to medical and legal procedures.
Ø Surrogate’s
Rights: The Act ensures that surrogates are protected from
exploitation and coercion. It mandates that surrogates must be compensated only
for medical expenses and a reasonable amount for the inconveniences caused, and
bans any form of commercial surrogacy.
Ø Child’s
Legal Parentage: The Act clarifies the legal parentage of
children born via surrogacy, ensuring that the intended parents are recognized
as the legal parents once the child is born. This involves legal documentation
and the court process, which we assist in navigating.
Ø Penalties
for Non-Compliance: The Act imposes severe penalties for
non-compliance with its provisions, including imprisonment for anyone found
guilty of violating surrogacy regulations, including anyone involved in the
operation of commercial surrogacy businesses.
Why Choose
Health Law Clinic for Surrogacy Legal Guidance?
Ø Expertise
in Indian Surrogacy Law: We are well-versed in the Surrogacy
(Regulation) Act, 2021 and the legal requirements governing surrogacy in
India, ensuring that all legal, medical, and ethical standards are met.
Ø Comprehensive
Support: From helping you understand eligibility criteria to
drafting surrogacy agreements and obtaining legal approvals, we offer
end-to-end legal support throughout the surrogacy process.
Ø Ethical
and Altruistic Approach: We are committed to ensuring that
surrogacy arrangements are ethical, altruistic, and in compliance with all
legal restrictions. Our focus is on protecting the rights of both surrogates
and intended parents while maintaining the highest standards of care and
fairness.
Ø Confidential
and Compassionate Counseling: Surrogacy is a deeply
personal and emotional journey. We provide compassionate and confidential legal
counseling to guide you through every step of the process.
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