Surrogacy, as a legal and social construct, serves as a pathway for individuals and couples to achieve parenthood when conventional methods are not feasible. At the Chambers of Ashwarya Sinha, we bring nuanced expertise in navigating the evolving legal frameworks governing surrogacy in India, ensuring that clients can achieve their parenthood goals while adhering to the highest standards of legal compliance and ethical practice.
India’s surrogacy laws are shaped by the Surrogacy (Regulation) Act, 2021, which establishes clear guidelines to regulate surrogacy arrangements, protect the rights of all parties involved, and uphold ethical practices. The Act recognizes altruistic surrogacy as the only permissible model, prohibiting commercial surrogacy to prevent exploitation.
Key provisions of the law include:
Surrogacy is permitted for Indian married couples, widows and divorced women, who demonstrate medical necessity and fulfill specific conditions, including age restrictions and no healthy surviving child either through normal conception, adoption or surrogacy.
All forms of commercial surrogacy are banned, with a focus on altruistic arrangements with any willing woman(whether or not a close relative), who is married, has an existing child of her own and within the age bracket of 25-35 years.
The law ensures that the rights, health, and dignity of the surrogate mother are protected, mandating insurance coverage and barring coercion or exploitation.
The Chambers of Ashwarya Sinha offers comprehensive legal support for individuals, couples, and medical practitioners involved in surrogacy. Our services include:
Assisting intended parents in understanding their rights, eligibility criteria, and legal requirements under the Act.
Preparing and evaluating surrogacy agreements to ensure compliance with the legal framework and protection of all parties involved.
By focusing on compliance and dispute avoidance, we help prevent legal issues before they arise.
Addressing issues related to the citizenship of the child born through surrogacy, including immigration and registration matters for overseas citizens.
Providing legal representation in cases of disputes arising from surrogacy arrangements.
Surrogacy involves sensitive legal and emotional dimensions. We are committed to maintaining the utmost confidentiality and professionalism in handling surrogacy cases, ensuring that the process is managed with empathy and integrity.
At the Chambers of Ashwarya Sinha, we combine legal acumen with a deep understanding of the intricacies of surrogacy laws to deliver tailored solutions for our clients. Our goal is to help intended parents navigate the complexities of surrogacy while ensuring compliance with India’s regulatory framework.
Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, which permits only altruistic surrogacy. The law establishes strict guidelines to protect the rights of intended parents, surrogate mothers, and children born through surrogacy while prohibiting commercial arrangements.
Eligibility criteria for surrogacy in India include:
– Indian married couples with proven medical necessity.
– Widows and divorced women.
– Individuals with no healthy surviving child through natural conception, adoption, or surrogacy.
Altruistic surrogacy involves a surrogate mother carrying a child without monetary compensation beyond medical expenses and insurance coverage. It excludes any commercial arrangements to prevent exploitation.
No, surrogacy in India is restricted to Indian citizens. Foreign nationals, non-resident Indians (NRIs), and Overseas Citizens of India (OCIs) are not permitted under the *Surrogacy (Regulation) Act, 2021*.
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