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Surrogacy Laws and Legal Considerations

Surrogacy laws in each country vary and are key to fathom the same before leaving on an essential voyage. Surrogacy shapes the premise of a multi-billion dollar industry everywhere throughout the world. The top surrogacy destination spots join India, Nepal, and the United States, Mexico, Canada and, and it has been watched that Ukraine, Russia, are ascending as noteworthy surrogacy focuses. In the overall business area, legal defenselessness makes surrogacy stacked for arranged people and for origination mothers. In the overall worldwide segment, lawful unsteadiness makes surrogacy loaded for planned guardians. As of late it has been highlighted the introduction of youngsters who need and need legal citizenship, planned guardians.

Legal Considerations


For those who decide that surrogacy is the right option for building a family, it is important to obtain legal services throughout the surrogacy process.


An attorney needs to be retained to create a contract between the intended parents and the surrogate, often referred to as the surrogacy agreement. IVF (in vitro fertilization) clinics require a surrogacy agreement to be in place prior to beginning any medical procedures. The purpose of the contract is to answer many of the questions that may arise during pregnancy such as who will have custody of the child if something were to happen to the intended parents prior to the birth. The contract is not only in place in the event of a dispute, but can also prevent disputes from occurring by laying out all of the intricacies of the process beforehand.


Subsequently, legal service will be needed to obtain a court order declaring that the intended parents are the sole legal parent(s) and that the surrogate has no parental or legal rights or obligations. The court order will also direct the department of Vital Records to issue a birth certificate placing the intended parents’ name(s) on the certificate. Depending on the state this can be done near the end of the second trimester so that it is in place before the birth.


Due to the complexity of surrogacy, it is advisable to seek out an attorney experienced in reproductive technology law. The surrogate should have her own counsel at the contract negotiation stage.

1. Clinics should be registered

Clinics involved in any of the mentioned activities ought to be controlled, regulated, registered and regulated by the State Accreditation Authority/State Appropriate Authorities.

  • Any treatment including the utilization of gametes which have been donated or collected or processed in vitro, except for AIH, and for IUI by level 1A clinics who won’t transform the gametes themselves.

  • Any infertility treatment that includes the utilization and production of embryos outside the body.

  • The processing of human gametes or fetuses.

  • Research on human embryos.

2. Prohibited Scenario

A surrogate mother conveying a child biologically unrelated to her must enlist as a patient in her own name. While registering she must specify that she is a surrogate mother and give all the essential data about the hereditary parents, for example, names, and addresses, and so on. She should not use/enroll for the sake of the individual for whom she is carrying the child, as this would pose lawful issues, especially in the occasion of maternal demise (in whose names will the hospital confirm this death?). The birth certificate should be in the name of genetic parents. The clinic, on the other hand, should likewise give a certificate to the genetic parents providing the name and location of the surrogate mother. All the costs of the surrogate mother during the time of pregnancy and post-natal care ought to be borne by the couple looking for surrogacy. The surrogate mother would likewise be qualified for a financial compensation from the couple for agreeing to act as a surrogate; the precise estimation of this compensation should be chosen by discussion between the couple and the proposed surrogate mother. An oocyte donor cannot act as a surrogate mother for the couple to whom the oocyte is being donated.

3. Requirements of a surrogate mother

  • A surrogate mother should not be over 45 years old. Before tolerating a lady as a conceivable surrogate for a specific couple’s baby, the ART clinic must guarantee (and put on record) that the woman fulfills all the testable criteria to experience an effective full-term pregnancy.


  • A relative, a known person, and additionally a person known to the couple may go about as a surrogate mother for the couple. In case of a relative going about as a surrogate, the relative should have belonged to the same generation as the women desiring the surrogate.

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