How Does the Surrogacy Legal Process Work in Indian Courts_.docx

How Does the Surrogacy Legal Process Work in Indian Courts_

1. What documents are required to file a surrogacy petition
in Indian courts?
Introduction
Surrogacy in India involves a complex blend of medical, legal, and emotional considerations. To
navigate this journey successfully, it’s essential to understand the legal framework and follow a
clear checklist before starting the process. This ensures compliance with Indian laws while
protecting all parties' rights.
Choosing the Right Surrogacy Arrangement
Surrogacy in India can be traditional,be traditional,be traditional, where the surrogate uses her
own eggs, or gestational, where she carries an embryo created using the intended parents’ or
donors’ genetic material. Determining the most suitable arrangement for your family is the first
critical step in the surrogacy journey.
Selecting a Reputable Surrogacy Agency
Partnering with a trusted and legally compliant surrogacy agency can simplify the entire
process. Reputable agencies follow ethical guidelines and Indian regulations, offering guidance
at every stage — from matching a surrogate to legal formalities.

2. Medical Consultation and Eligibility
Before proceeding, it’s crucial to consult a fertility specialist to determine your medical eligibility
for surrogacy. This step involves fertility evaluations, creating viable embryos, and ensuring that
the surrogate is medically prepared to carry the pregnancy.
Understanding India’s legal landscape
The legal framework for surrogacy in India has evolved significantly. The Surrogacy (Regulation)
Act, 2021, which came into effect on January 25, 2022, outlines strict rules to prevent
exploitation and ensure ethical practices.
Recent amendments also updated the qualifications required for andrologists involved in
surrogacy procedures, ensuring higher medical standards. Additionally, the Surrogacy
(Regulation) Amendment Rules, 2023 emphasize adherence to updated directives, making it
crucial for intended parents and medical professionals to remain well-informed.
Financial planning
Surrogacy involves multiple expenses, including medical procedures, agency fees, surrogate
compensation, and legal costs. Creating a clear budget avoids unexpected financial stress and
ensures smooth progress throughout the process.
Step-by-Step Legal Procedure in Indian Courts
Preparation of the Surrogacy Agreement
A legally binding surrogacy agreement is drafted and signed by the intended parents, the
surrogate, and other parties involved. This agreement must comply with Indian surrogacy laws
and outline each party's rights and responsibilities.
Petition to the Court
Next, a petition is filed in the appropriate court to seek legal approval. The petition includes:
●AADHAR cards of intending and surrogate mothers
●Marriage certificate of the intended mother
●Medical indications and fitness certificates
●Infertility clinic recommendation
●Consent letter from the surrogate
●Proof of insurance for the surrogate
The court reviews these documents to ensure legal compliance.
Court Hearing
A hearing is scheduled to examine the surrogacy arrangement. All parties may need to testify. If
satisfied, the court will issue an order approving surrogacy. This process usually takes 3 to 6
months, depending on documentation and objections.
Birth Certificate Issuance
Once the child is born, the intended parents can apply for a birth certificate in their name, in
accordance with the court order.

3. Conclusion
After obtaining a birth certificate, passport, and exit visa, your child can safely travel with you.
Successfully navigating surrogacy in Indian courts requires thorough planning, legal expertise,
and strict regulations. Consulting a lawyer who specializes in surrogacy and matrimonial law is
strongly recommended, as state-wise laws may differ. By following this structured checklist and
legal pathway, you can embark on your surrogacy journey with confidence and a sense of
clarity.