The latest Surrogacy Law in India allows altruistic surrogacy for Indian couples and OCI card holders, who do have medical indications for surrogacy. At the end of 2021, the Indian government introduced a new surrogacy law to regulate surrogacy in the country. Known as Surrogacy (Regulation) Act, 2021, it outlines the rules and regulations for surrogacy arrangements in India. Additionally, it aims to protect the interests of surrogates, intended parents, and the child born through surrogacy. This law has criminalized commercial surrogacy and restricted who can become a surrogate or intended parent. We have a good team of lawyers who are giving legal support to our clients in processing the Surrogacy who do not carry pregnancy and give birth to their child due to some medical conditions or else and fulfill the criteria established as per given below:
- The intended couple must be lawfully married and meet specific age prerequisites.
- The female partner must fall between the age range of 23 to 50 years, whereas the male partner must be in the age bracket of 26 to 55 years.
- Additionally, the couple must not have any biological offspring from a prior marital union.
- The female partner should have a medical indication for surrogacy with valid medical reports to support this claim.
- The willing surrogate mother should be married with at least one child of her own.
- An unmarried woman may also qualify as an intended parent, provided she falls in the age group of 35 to 45 years and is either married, divorced, or widowed. Nonetheless, if she has a surviving child from a previous marriage, she is ineligible for surrogacy.
- Single males or same-sex couples are prohibited from surrogacy arrangements in India.
- Medical Indication in the Intended Mother is Must
The new surrogacy law in India allows couples to opt for surrogacy under certain medical conditions, including MRKH, unicornuate uterus, multiple IVF failure, miscarriage, or abortion.