Eligibility Criteria for Surrogacy Procedure
The following documents should be issued to the intended couple by the relevant authority:
- Certificate of Essentiality
- Certificate of Eligibility
A Certificate of Essentiality will be given, If the following criteria are met:
- A District Medical Board certification confirming the intended couple’s proven infertility for either one or both members;
- A Magistrate’s court order granting parental rights and custody of the surrogate kid;
- Insurance protection for the surrogate mother’s postpartum birth problems for sixteen months.
A Certificate of Eligibility will be given, If the following criteria are met:
- The wife’s age must be between 23 and 50, and the husband’s age must be between 26 and 55. The couple must be Indian nationals and have been married for at least five years.
- The couple has no living children (biological, adopted, or surrogate), excluding any children who are physically or intellectually challenged or have a fatal illness; and any other circumstances that may be required by law.
The surrogate mother must meet the following criteria in order to acquire a certificate of eligibility from the relevant agency:
- A close family member of the prospective couple;
- A married mother of one’s own child;
- The age range of 25 to 35;
- She will only ever be a surrogate once; and
- Possessing a certificate proving one’s physical and mental readiness for surrogacy
- The surrogate mother is also not permitted to provide her own gametes for surrogacy.
Surrogacy (Regulation) Bill, 2020 India
Surrogacy is the process of having a child for a couple who wishes to have a child but is unable to do so due to infertility or another issue carried out by another woman. In India, this has been a contentious legal matter. For this, the Surrogacy (Regulation) Bill, 2020 was introduced in the Parliament. Under the Bill, Altruistic surrogacy is permitted but Commercial surrogacy is prohibited. Altruistic surrogacy does not include paying the surrogate mother any money other than covering the surrogate mother’s pregnancy-related medical costs and insurance. Commercial surrogacy is the practice of using a surrogate mother to carry a child for monetary benefit (in cash or in-kind benefits).