Surrogacy Act - Key Provisions

  • The clinic must be independently registered as a surrogacy clinic under The Surrogacy (Regulation) Act, 2021.
  • The intending couple must have a valid medical indication for opting for surrogacy.
  • The couple should not have a living child, unless the child is physically or mentally challenged as defined by law.
  • At least one gamete must be from the intending couple. Only one donor gamete (either egg or sperm) is permitted under the Act.
  • Age eligibility criteria: The intending mother must be between 23–50 years, and the intending father between 26–55 years.
  • Single women (widowed or divorced) are eligible for surrogacy using their own eggs and donor sperm.
  • Any eligible woman can act as a surrogate; she is not required to be a relative or a friend of the intending couple.
  • The surrogate must undergo appropriate medical and psychological evaluation.
  • All mandatory documents must be obtained and submitted in accordance with the prescribed legal framework.
  • The clinic must comply with all infrastructure, registration, and operational requirements as stipulated under the Act.

Surrogacy Clinic – Key Points

  • Surrogacy procedures should be conducted only for medically indicated cases.
  • Surrogacy must be strictly altruistic in nature; commercial surrogacy is not permitted.
  • The surrogate must be provided with insurance coverage for 36 months, and all her medical expenses must be borne by the intending couple.

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