Commercial surrogacy in India was legalized in 2002. For the past decade Indian citizens and international singles and couples from around the world have sought treatment for IVF, egg donation and surrogacy.
There is no legislation governing surrogacy agreements in India, however, a surrogacy Bill is before Indian parliament and it is anticipated new laws will be enacted in 2012/2013.
Reputable clinics, including SCI Healthcare, closely follow the Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India http://www.icmr.nic.in/art/art_clinics.htm set out by the Indian Council of Medical Research. Proposed laws for surrogacy in India are largely based on these Guidelines.
The surrogacy agreement
SCI Healthcare clients enter into a surrogacy contract with a surrogate mother and her husband, if applicable. The contract sets out the responsibilities of both parties and offers legal protection for clients and surrogates under Indian contract law. The contract also specifies payment to the surrogate mother and the stages at which she will be paid. By signing the contract the surrogate signs away parental rights to the baby she carries.
Surrogacy agreements are prepared by Mr Inder Bir Singh, Advocate, Delhi High Court. Ms Jyoti Kapooor assists Mr Singh. The cost of legal contracts is included in SCI Healthcare’s basic surrogacy package. Contracts are usually signed when clients visit Delhi, however, in cases where a client ships sperm or embryos to Delhi, or have a change of surrogate mother, the contract can be signed in a clientâ€™s home country provided they are witnessed by a notary public or justice of the peace.