Monday, 30 June 2014

Surrogacy - Types, Facts and Benefits

When a woman fails to conceive a baby due to some reasons, she requires the help of another woman, who carries her baby in her uterus through the process called surrogacy. The carrier woman is known as a surrogate and she has to undergo In Vitro Fertilisation (IVF) in order to place the fertilized egg into the surrogate's uterus. Before opting for surrogacy in India, infertile couples should know the facts about two primary types of surrogacy,

In traditional surrogacy, the surrogate donates her own eggs and is impregnated through the process of artificial insemination known as intrauterine insemination, or IUI with the intended father's sperm. Therefore, the traditional surrogate acts as both the egg donor and as the actual surrogate for the embryo.

Facts about Traditional Surrogacy

1. Sometimes, the intended mother fail to produce mature eggs, that is, ovaries do not produce normal follicles due to ovulatory dysfunction. In such situations, the IUI procedure is followed on surrogate mother. In this procedure, the infertility specialist will transfer sperm that is taken from the biological father and will subsequently transfer that sperm into the surrogate's uterus so that fertilization may take place naturally.

2. A traditional surrogate will undergo insemination at the time of her natural ovulation, occasionally necessitating medication prescribed by her doctor to make sure that she does ovulate.

3. The child will have a genetic link to his father, since the father's sperm was used in creating the baby. There is no genetic link to the intended mother; which is a primary difference between traditional and gestational surrogacy.

4. Therefore, with traditional surrogacy, the surrogate is also the biological mother of the child. This type of surrogacy is typically only used if the biological mother's egg and/or the biological father's sperm are unable to be used.

5. Generally, people over the age of 50 or women who are unable to use their own eggs use traditional surrogacy since the option frees the intended parents from age-related limitations.


It removes the age bar to get pregnant and even allows one of both the parents to be the genetic parent.

In gestational surrogacy, the egg and sperm of the intended parents are used to form an embryo through a process called in vitro fertilization and later it is transferred in surrogate’s uterus to carry it for pregnancy. In most of the cases, it will take between three and five days for the embryos to develop in the laboratory prior to transferring them to the surrogate. Then, once the embryo has successfully been placed into the surrogate's uterus, the surrogate will carry the embryo through the pregnancy term until its birth.

Facts about Gestational Surrogacy

1. With gestational surrogacy, the surrogate's eggs are not used at all. Therefore, the child will not be related to the surrogate biologically.

2. It allows a couple to have a biologically related child by using a surrogate as the carrier for the couple's embryo.

3. The aid of a gestational surrogate is needed when a woman is unable to conceive naturally or through fertility treatments.

4. This option is explored after fertility drugs or in-vitro fertilization have proven unsuccessful, or if either party has irregularities in their reproductive organs that complicate conception.

5. The rate of success when using in vitro fertilization will depend upon several factors such as the age and health of the biological mother who is providing the eggs.

6. The process of gestational surrogacy can take several years including the amount of time to find an adequate surrogate, extraction of viable eggs and sperm can take several weeks from intended parents, preparation of surrogate for pregnancy with a hormone regimen that can take several months, implanting the embryos and additional nine months for the gestational surrogate to carry the baby.


The gestational surrogacy allows the infertile couple to have their biological child, which otherwise is not possible through any other process. The intended parents will have their names in birth certificate and have legal rights on the child. Surrogate would have no legal right on the child and surrogacy cost would be almost same for both the options.

Dr Neeraj Pahlajani

Surrogacy In India: A Guide for Intended Parents

Below is the nine step guide for intended parents, 

Step 1:

After consulting the doctor, intended mother would be asked about her medical, personal, menstrual and obstetric history with details of her previous surgeries if any before under surrogacy treatment.

Step 2:

The reports would be studied in detail and later intended mother would be counseled at Pahlajani Surrogacy Care about the treatment and various packages of surrogacy, so as to optimize her chances for successful surrogacy treatment. Later, intended mother would be asked to register with the Pahlajani Surrogacy Care.

Step 3:

After the formalities of registration, the intended parents are matched with the surrogate database with our clinic help the couple choose appropriate surrogate mother.

Step 4:

After the selection of a surrogate, intended mother’s menstrual cycle would be matched with that of the surrogate, which is called synchronization of cycles by putting both surrogate and intended mother on birth control pills. Sometimes synchronization may require use of injections- a class of medications called GnRH Analogues, for example - Lupride, Suprefact, etc. Surrogacy treatment starts from Day 1 of intended mother menstrual cycle.

Step 5:

Once the cycles are synchronized, intended mother will be injected with Gonadotrophins to grow and ripen the eggs, which is called “Controlled Ovarian Stimulation”. It lasts for 9 to 12 days to record the response of intended mother ovaries about number of eggs maturing each day. The doctors would the above process using periodic transvaginal ultrasonographies or even blood tests to ensure optimized ovarian response and reduce the chances of excessive response.

Step 6:

Meanwhile, the surrogate, who is cycled to match intended mother periods, will be treated from Day 1 of her period by giving them Oestrogens and Progesteron medications to ripen the inner lining of her uterus-called Endometrium, to become receptive for acceptance and implantation of embryos to be transferred. The doctors records the response of her uterine lining is periodically assessed using trans-vaginal ultrasound scans at our clinic.

Step 7:

Egg (Oocyte) Retrieval:

Once the developing eggs reach optimum size, the genetic mother or egg donor undergoes procedure of oocyte retrieval, under short General Anesthesia to obtain eggs. IVF/ICSI/IMSI is performed to impregnate these eggs.

Step 8:

Between Day 2 and Day 5 of embryo formation, the embryo transfer is performed into the uterus of surrogate. Meanwhile, surrogate would be on certain recommended medications for implantation of transferred embryos called luteal phase supports.

Step 9:

Pregnancy Test:
Nearly 14 days after embryo transfer, the Serum Beta HCG test is performed on surrogate’s blood. If the test is positive, the same test is repeated every 4th day till the beta HCG levels cross 20,000 iu.

Dr Neeraj Pahlajani

Saturday, 28 June 2014

Finding a Surrogate in India

Surrogacy in India is sometimes calculated by misplaced ideas and misconceptions. However, surrogacy is a wonderful experience for surrogates, but there are certain ground rules defined for both intended parents and surrogates to abide before venturing into the journey of surrogacy. Surrogates, who might below to varied strata of society, act as wish fulfillers for infertile couples.

How do you know if you need a surrogate?

There are certain reasons you might need a surrogate to carry your baby. Few common reasons are listed below,

1. Missing or Abnormal Uterus (might be because of hysterectomy that requires removal of uterus)

2. Multiple Pregnancy Loss

3. Several Failed IVF Transfers

4. Potential Life-Threatening Health Risks from Pregnancy (Example – Heart disease)

5. Unexplained Infertility

What to consider before finding a surrogate?

1. Evaluate the surrogate's motivation

2. Her support system

3. Her past and present health and social history

4. Her physical ability to successfully achieve a pregnancy

5. Her psychological and emotional outlook and stability

How to find a surrogate?

Pahlajani Surrogacy Clinic helps you find surrogates, who are motivated to assist infertile couples in building their families.

1. Ask friends or family. 

Given the high cost of surrogacy and the complex legal issues it raises about parental rights, and therefore a family relationship can be simpler to manage.

2. Through a surrogacy agency. 

Most people turn to a surrogate agency to arrange a gestational surrogate. An agency helps would-be parents find a suitable surrogate, makes arrangements, and collects any fees passed between parents and the surrogate, such as reimbursement for her medical expenses.

Legal Considerations before finding a surrogate in India

Before opting for surrogate parenthood in India, the ART Clinics, intended parents and surrogates need to abide certain regulations of the Indian Government,

1. The surrogates must be between 21 to 35 years of age.

2. No surrogate should undergo implantation cycles more than three times for a couple.

3. If married, the surrogate must obtain the consent of her spouse.

4. Only a Citizen of India can be considered for surrogacy.

5. Surrogate mother must renounce all parental rights over child.

6. Parents must accept the child born of the surrogacy.

7. IVF will be separated from surrogacy requirements, which will be outsourced to specialized agents.

Dr Neeraj Pahlajani 

Thursday, 26 June 2014

Things to do before considering Surrogacy

Brilliant strides in world of science and medicine and amalgamation of three A’s – availability, accessibility, and affordability define the surrogacy assistance in India, which has served the huge proportion of population in past eleven years. In the medical flowchart, there are certain things infertile couples should consider before opting for surrogacy.

1. Medical necessity for surrogacy
Missing or abnormal uterus, multiple pregnancy loss, several failed IVF transfers, potential life-threatening health risks from pregnancy, and unexplained infertility are the few reasons when couples fail to have babies.
However, maintaining figure and lack of time are not valid reasons to go for surrogacy. Therefore, couples need to have a medical reason to do surrogacy.

2. Counseling for intended parents
It is necessary for couples to go through psychological counseling before opting for surrogacy. The couples need to be prepared for the process, which involves a surrogate to carry a child for you. Sometimes, couples are unconvinced and tend to be shrouded by insecurities. Therefore, it is necessary for couples go through counseling to resolve the conflicts between their beliefs and reality.

3. Counseling of surrogate and her spouse 
It is important to counsel a surrogate before she carries someone’s baby. After medical examination, the surrogate should undergo psychological counseling to know if she is ready to carry the baby. Counseling would also let the surrogate discover her prospects and comfort her. During the counseling the surrogate should be shown transparent view of complications, care and treatment during and after pregnancy.

4. Understanding legal aspects of the surrogacy in India
Both intended parents and surrogate should understand legal aspects surrounding surrogacy. If surrogate or intended parents have any doubt regarding the process then they should certainly seek assistance. Legal contract should be signed between both the parties to ensure preservation of their rights.

5. Clearing doubts
Surrogates should know everything about the parents she is carrying baby for and vice versa. Both surrogate and intended parents should have answers of following questions before deciding on surrogacy, mental illness, hospitalizations, genetic illnesses, prior marriages, prior children, health status, marital status, bankruptcies and legal judgments, prior pregnancy history and infertility history

6. The cost of surrogacy
Couples seeking surrogacy in India should chalk out their budget before finalizing surrogacy plan. The couple should be ready to handle high-risk pregnancy, premature birth and miscarriage.

7. At least one parent should be biologically connected to the surrogate child/children.
Couples should understand the difference between traditional and gestational surrogacy. In traditional surrogacy, the surrogate is artificially inseminated with father’s sperm. While in gestational surrogacy, the surrogate is inseminated with an embryo created by IVF, using the egg and sperm of the intended parents.

8. Selecting right doctor
Before visiting the fertility expert, the couples should go through the timeline of the experience of the doctor in surrogacy. After evaluating the advantages, the couples should explain their issues to doctor without hesitation. It would help the doctor to understand the actual problem and also built a friendly relationship.

Dr Neeraj Pahlajani

Wednesday, 25 June 2014

Misconceptions about Surrogacy

Due to few misplaced assumptions about surrogacy many infertile couples and even potential surrogates show their hesitation towards surrogacy. Below are the few most prevalent misconceptions about surrogacy,

1. Child born through surrogacy is genetically related to the surrogate mother

Unless it is traditional surrogacy (where the surrogate is artificially inseminated with the intended father's sperm) the child would not be genetically related to the surrogate mother. Couples opting for gestational surrogacy - in which embryos are created using the eggs from the intended mother or an egg donor and sperm from the intended father or a sperm donor - will have babies sharing their genetics not that of surrogate.

2. Only close friends and family members are surrogates

Although there is no harm for a friend or family member to be a surrogate, but intended parents can always have surrogate having no biological or social relation. This is because the child born through surrogacy process will share genetics with the intended parents and not the surrogate. For foreign couples seeking surrogacy in India, the surrogates are not known to them beforehand but at Pahlajani Surrogacy Center we ensure that to build friendly relationship between intended parents and surrogate.

3. Only wealthy couples can seek surrogacy

Surrogacy involves equal investment of emotions, time and money. Although surrogacy can be expensive, but intended parents can obtain loans from banks or lending agencies and use home equity loans to help cover the costs. Couples can also seek help from medical financing companies for secured and unsecured loans to cover IVF payments. Even explore different insurance policies to cut medical costs and expenses.

4. Surrogate mother treats her own children and surrogate child differently

Surrogate mothers are chosen for this role based on their potential, need and seriousness towards the incredible task becoming a surrogate for an infertile couple. Her dedication of months to bear a child which she knows is not hers should not be questioned as surrogate mothers are fully aware of the tremendous responsibility.

5. Surrogates only care about money they get after surrogacy

In India, surrogacy is commercial, so surrogates get compensated for investment of her time, emotions and efforts to build someone else’ family. But intended couples should see it as a noble gesture as a surrogate prepares herself to go through the duration of 9-month long pregnancy and even the complications.

6. Surrogate mothers become too emotionally attached to the child
It is true that surrogates get emotionally attached to the child in their womb. But they are thoroughly counseled about their role during the surrogacy process to determine that they are comfortable with what’s expected of them from start to finish, and what the experience of giving the child to his or her intended parents will consist of post-delivery.
7. Women choose surrogacy to avoid pregnancy

It is often thought that women are figure conscious and do not want pregnancy to affect their body. But one should understand that the couples choose surrogacy after there is no option left to have babies. Surrogacy is a big decision, as it involves the help of a surrogate, requires huge investment of time, money and emotions. Couples seeking surrogacy are often scared and vulnerable throughout the process. So, the insinuation that a woman would pay a surrogate to have her child in order to avoid a pregnancy is completely inaccurate.

Dr Neeraj Pahlajani

Attempts to Regularise Surrogacy in India

Throughout the years many questions are raised about surrogacy in India. Be it the reputed news dailies, or channels, the debate continues over the surrogacy as unregularised sector. This sometimes becomes the reason for infertile couple to question the legitimacy of the process and think whether surrogacy is India would safeguard legal rights or not. 

It was in 2002 when commercial surrogacy was legalised in India. Since then, the Indian Ministry of Home Affairs has been reassessing the surrogacy laws to plug the loopholes and form robust guidelines.

Later, the original Assisted Reproductive Technology Bill was drafted in 2008 with an aim to regulate surrogacy in India. The bill defines the responsibilities and duties of a surrogate mother, those seeking her services and the Indian facilities that provide such services.

Again in 2010, the ART Bill was redrafted to provide sufficient protection for surrogate mothers. The decision was taken after the Planning Commission recommended substantive changes in the legislation and advised the Indian Council for Medical Research (ICMR) against pushing the draft Bill till the process of consultations was satisfactorily concluded. 

If the bill is passed, the foreigners seeking a surrogate in India will have to provide documentary proof that they would be able to take the child back to their country. They must also appoint a local guardian who will be legally responsible for the surrogate till the child is handed over to its parents. The draft bill would outlaw surrogacy by a relative who is not from the same generation as the woman who intends to keep the baby.

Few days back, the Maharashtra Medical Council (MMC) formulated rules and regulations on surrogacy and formed a committee to monitor. Under the newly formed rules, MMC has the power to suspend the license of the doctor guilty of malpractice.

The concerns with regard to the unregulated industry, unethical practices, especially lack of protection of the surrogate women’s health and rights, sex selection, lack of employment opportunities, and other health and rights issues of children born through surrogacy arrangements, and issues related to their citizenship are being addressed, and the ministry has been making strides in regularising surrogacy

The bills are formed with a view to protect and safeguard the rights and health of the women who undergo these ART procedures, surrogates, egg donors and of the children born through these techniques. 

Recently, the Ministry of Home Affairs formed new guidelines pertaining to surrogacy. The seven revised guidelines ensured protection of rights of surrogate, recipient parents and the child born through surrogacy. Through the guidelines, it was ensured that the couples seeking surrogacy assistance in India are not in any kind of dilemma about the process. The contract is signed between the surrogate and the recipient couple to ensure protection of rights. Therefore, the Indian ministry continues to revise and reassess the laws surrounding surrogacy considering the high surrogacy success rate.

Dr Neeraj Pahlajani

Monday, 23 June 2014

When should couples consider surrogacy as the last option?

Lengthy process of adoption and lack of genetic connection with children leaves infertile couples with dismal prospects. However, the advent of reproductive technologies has given the option of assisted conception and its progeny, surrogacy.

The term surrogacy no more remains alien in the household dictionary. While undergoing rigorous infertility treatment, sometimes couples are informed by doctors that it is not possible for them to have babies through normal process. Women, usually after mid-30s, lose their chances of conceiving and develop higher infertility symptoms. Although the couples have become forthcoming to the idea of surrogacy but there are certain considerations, the couples should know that considering surrogacy can be their last resort. Surrogacy has emerged has most prospective option for infertile couples in recent years.

Couples having problems conceiving even after In Vitro Fertilization (IVF) should consider surrogacy as an option. Although surrogacy has appealed a wide spectrum of people around the world, but there are certain inhibitions and even financial factors that might trim the options. Few important factors to be considered prior to taking part in surrogacy are -

Fertility Problems – One or both the couple is diagnosed
When the couple is making attempts to conceive for more than a year and doctors inform you about one or both of you are diagnosed with fertility issues. In such a situation, the couple should know that the co0nception through natural process is not possible and can extract toll of your emotions and money. In that situation, the couple should opt for surrogacy in India.

Financial Strength - fight conception issues

Surrogacy is a costly means of having a baby as it requires help of a carrier for around a year to carry your baby/babies. When you know that money is not an issue and you have the necessary finances, then surrogacy is the best known option. It is important to have the necessary funds before seriously considering surrogacy.

Children with Genetic Likeness

Infertile couples, who wish to have children with genetic resemblance, can always consider surrogacy as their best option. Couples who are unable to conceive may choose surrogacy because the child will share genetic traits with one of the parents.

When every other assistance fails

Some couples do not wish to even think of surrogacy until the time when all else fails. Many individuals like to try all other means available prior to pursuing surrogacy whether it be for financial reasons or personal reasons. For some, surrogacy is a primary option whereas others view it as a last resort.

Surrogacy is a Personal Choice

No matter what reasons couples may have for pursuing or not pursuing surrogacy, surrogacy is a personal choice. The couple should consider all of their available options for having a child prior to determining that surrogacy is the right choice. It is important that the decision is well thought out and all options are considered.

Dr Neeraj Pahlajani

Wednesday, 18 June 2014

Surrogacy - Legal FAQs Part-2

What are legal rights of intended parents on child born through surrogacy? 

Indian Council of Medical Research (ICMR) guideline 1.2.33 - the surrogate mother should not be biologically connected to the child. The Indian Law on surrogacy recognises the intended mother only as the legal mother in surrogacy arrangements.

Guidelines 3.10.1 and 3.16.1 make it very much clear that the intended parents only would be the legal parents of the child with all the attendance rights, parental responsibility etc.

Guideline 3.5.4 states that the surrogate mother shall not be the legal mother and the birth certificate shall be in the name of the genetic parents.

Guideline 3.5.5 provides that the surrogate mother shall relinquish in writing all the parental rights over the child. India is very soon going to enact its legislation on the field of Assisted Reproductive Technology.

What does Indian law say about legal father of a child?

The child born through surrogacy is biologically related to the intended father. Therefore, the intended father is the legal father under Indian law provided the child so born should not be biologically connected to the surrogate mother.

Under ICMR guideline 3.5.5 the donor shall be bound to relinquish all the parental rights over the child so born, thus making the intended father only as the legal father of the child.

What if the surrogate mother refuses to hand over the child/children to intended parents?

Under Indian law, the legal rights of intended parents opting for surrogacy in India are protected. If the surrogate refuses to hand over the child, the intended parents can seek legal help on basis of contract. It should be clearly mentioned in the contract that the child/children born out of surrogacy shall be the legal children of the intended parents and that the surrogate shall have no rights over the child/children.

Does Indian law make any provision for the child if the country of intended parents refuses to allow the child?

Under the third guideline of Indian Ministry of Home Affairs, New Delhi issued recently, the couple commissioning surrogacy should be in possession of letter from embassy of foreign country in India or Foreign ministry of the country stating two things clearly, first the country recognizes surrogacy and second the child to be born to commissioning couple through the Indian surrogate will be permitted entry into the country as their biological child/children to the commissioning couple.

However, the intended parents can surrender the child but once surrendered the child would be given in adoption and the intended parents loose the rights over the child.

Are there any limitations for couples seeking surrogacy in India?

No, the surrogacy can be sought by any couple who are medically incapable or undesirable to carry a baby to a term. Therefore, couples wanting to have their own children and cannot have it naturally can opt for surrogacy arrangements.

Also, single parent or couples married for less than two years are not eligible to commission surrogacy in India.
The Indian law does not recognize gay marriages. So, only opposite sex couples, whose marriage has sustained more than two years would be eligible to commission surrogacy.

What is the procedure for adoption under Indian law?

Foreign citizens and NRIs need to formally adopt their child born through surrogacy in India according to the adoption laws and procedures in the country of their residence under the Guardian and Wards Act, 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.

Also, the parents cannot choose a specific child for adoption under Indian Laws pertaining to adoption.

Dr Neeraj Pahlajani

Tuesday, 17 June 2014

Surrogacy - Legal FAQs Part-1

1. What are the rights of a surrogate mother over the child born through the Assisted Reproductive Technology (ART) in India?

According to Indian Council of Medical Research (ICMR) guidelines of 2005, the surrogate mother is not the legal mother of the child as she is not genetically connected to the child. Before signing the gestational surrogacy agreement with the intended parents, the surrogate has been informed that she would have no rights on the child/children she bears for the couple.The intended parents have all the legal rights, inheritance and other privileges on the child born through surrogacy.

2. What would happen if the intended parents refused to take responsibility for the child after the birth? 

The section 34(11) of the Assisted Reproductive Technology Act 2008 makes it mandatory for the intended parents to accept the child irrespective of any abnormality and a refusal to do so would constitute an offence. If the intended parents refuse to bear the responsibility of the child, then the surrogate can challenge their decision in court on the basis of the undertaking vowing that intended parents would take care of child/children born through surrogacy. Under the Indian Law, it is mandatory for the intended parents to take the responsibility of the child born through surrogacy. Secondly, the surrogate mother would not be responsible for taking responsibility of the child in any case.

3. Does Indian law allow the child to seek information about the surrogate mother?

Under ICMR guidelines, the child born through surrogacy can know about the surrogate mother/genetic parent only after turning 18. However, the child is not given the information about personal identity of the surrogate mother. Under the law, the intended parents should not make attempts to hide the information about the surrogacy/surrogate mother after the child turns 18 years of age and are not obliged to provide information on their own. 

4. In India, does the intended couple need to get two separate orders (before and after) the birth of the child through surrogacy?

No, the couple is not required to get two orders, i.e., pre and post order in India. In case, the intended parents want to obtain the certificate declaring them as the legal parents of the child, they can seek it from the court under the Code of Civil Procedure 1908. 

Dr Neeraj Pahlajani

Saturday, 14 June 2014

Surrogacy - Laws and Rights

Employment Rights for Surrogate Parents

Legal landscape surrounding surrogacy in India is cultivated on child-protection perspective. It was the day in 2002 on which surrogacy was legalized in India, when legal authorities started striving to push the sector on legal tracks.

India is abode for thousands of surrogate mothers, who are bearing children for Indian as well as foreign childless couples. The sector has widened its horizon in years, adding new criterion to safeguard the rights of surrogate mothers in India, recipient couples and the children born through surrogacy.

In a stride to ensure rights to them, the Madras High Court held that a woman who had had a child through surrogacy was entitled to maternity leave on March 5, 2013.

It was when a mother, who had child through surrogacy with the consent of her husband, after her 20-year-old son was killed in a road accident in 2009.  She applied for maternity leave to look after the new born after the surrogate mother gave birth to a girl baby in February 2011.  She also applied to include the child under the family medical insurance scheme. However, her employer rejected the application, on the ground that there was no provision in the rules for granting leave to those who have a child through surrogacy. 
Later, the Judge, Justice K Chandru said, "Even in the case of adoption, the adoptive mother does not give birth to the child, but yet the necessity of bonding of the mother with the adoptive child has been recognized by the Central government, therefore, the petitioner is entitled for leave.”
"This court does not find anything immoral and unethical about the petitioner having obtained a child through surrogate arrangement," the Judge observed.
The mother was granted leave on the same terms applicable to those who had become parents via adoption. Also, the employers were ordered to add the child to the insurance scheme.    

Rights of Children Born Through Surrogacy in India

In surrogacy, the rights of child/children born are to be respected without discrimination of any kind including birth or other status.  While this provision was originally intended to protect illegitimate children, its inclusiveness suggests a generous and expansive application, including children born of surrogacy.

Under one of the seven guidelines issued by Ministry of Home Affairs, New Delhi pertaining to surrogacy in India, the foreign couple would require ‘exit’ permission before their return journey from India and would need to carry a certificate from concerned ART clinic regarding the fact that child/children have been duly taken custody by the foreign couple and the liabilities toward the India surrogate mother are fully discharged as per agreement. A copy of birth certificate(s) of surrogate child/children will be retained by Foreigner Regional Registration Office (FRRO)/Foreigners Registration Office (FRO) along with photocopies of the passport and VISA of the foreign parents.

Adoption of child under Indian Laws

Also, the intended parents can apply for adoption under the Guardian and Wards Act. As per the provisions the foreign citizens and NRIs are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age. Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child’s guardian.

But as per Indian Laws pertaining to adoption the parents can’t chose a specific child for adoption. Also the ICMR guidelines under Guideline 3.10.1 require the intended parents to adopt the child if through genetic fingerprinting they can’t establish the biological link between the child and the intended parents.

Dr Neeraj Pahlajani