Have You Gone Through the Amended Laws of Surrogacy in India?

Surrogacy, especially commercial surrogacy has boost up the Indian economy in the last few years in a very positive manner. Major reasons of that were availability of the cheap surrogate mother and the high quality world class treatment at a less amount of money. In India as well as surrogacy in Kolkata has also shown a remarkable growth in last few years. However, the new introduced law has made the surrogacy difficult for the foreign couples. One of the major reasons of putting ban on the commercial surrogacy is the misuse and the exploitation of the poor girl and women. Most of the people coming from the different countries and culture exploit the surrogate mother both physically and mentally. In such cases, it becomes difficult for the surrogate to cope up with such issues. However, if a couple is planning to have a surrogate child, here are the issues that they must take into the consideration.


The new law has completely banned commercial surrogacy in the country. The major reason is the exploitation of the surrogate mothers. However, it is related with umber of unethical practices that even putting the life of both the mother and the child into danger. In order to stop this malpractices the government has taken the path of banning it instead of checking or balancing it. Therefore, the law makes it clear that no one in India can be indulged into surrogacy through giving money and other elements. Only if anyone willingly agrees to become surrogate, the couple can take the helps of such person. However, it is difficult to find such types of surrogates.

As it has been mentioned, earlier that surrogacy is on a boom in India, it nearly business something around 1 billion US dollar per year. However, along with the ban of the commercial surrogacy, the new law has made it clear that no foreign residential can have a surrogate mother from India. The law also included the NRIs (Non Residential Indians) from getting an Indian surrogate mother. Additionally, the law has also specified that only the Indian couples who are suffering from infertility can take the help of the Surrogacy. Those couples who are fertile and having no problems to child in normal way cannot go for the surrogacy.

Addition to the normal Indian couple, homosexual or lesbian couples also are not permissible to have a child through the surrogacy system. However, as the law clearly mentions that only the couples who are having issues of infertility can go for surrogacy, it prohibits the singles parents, live-in partners to have baby through surrogacy also. Therefore, many celebrities who want to be the single parents are prohibited to have a child through surrogacy.

Further, the surrogacy law has become more rigid as it not only imposes ban on the commercial surrogacy but also made the duration of the marriage as a key thing in order to go for the surrogacy. The couple who are seeking for surrogacy must have a courtship of five years before they are seeking help for the surrogacy. However, additionally, the law makes it clear that a woman has to be over 23 years of age and a man has to be minimum 26 years. Nevertheless, the maximum age limit for the couple is 50 and 55 respectively.

The law further makes it clear that only the close relatives can be asked for the surrogacy related helps. It has been mentioned clearly in the law that only a close relative can be asked for becoming surrogate and that has to be also agreed without any transaction of money. Nonetheless, the couple can pay for the issues such as medical expenditure and other medical and baby related issues but they cannot pay the surrogate mother anything. Additionally, if a couple is already having a child and later they become infertile and now they want to have a child through surrogacy can not go for such. Only a couple can avail surrogacy once in the lifetime.

Therefore, those couples are planning to go for the surrogacy related matters they must take proper knowledge related to the issues. These are some of the basic outlining of the laws. Additionally, it is also important that one must talk with the doctors about the surrogacy as IVF has become modern in order to overcome so many issues. Therefore, it is important to consult gynaecologists to move ahead in this way further.


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