Guaranteed Surrogacy Program : Steps for Legally Issuing Permission For Surrogacy ( 2023 – 2024 )

Guaranteed Surrogacy Program : Steps for Legally Issuing Permission For Surrogacy ( 2023 – 2024 )

The surrogacy regulation bill puts in place stricter guidelines for couples opting for surrogacy it prohibits commercial surrogacy and allows only ethical altruistic surrogacy that too only to an intending infertile Indian married couple between the age of 23 to 50 years and 26 to 55 years for female and male respectively.  The surrogacy regulation bill aims to regulate the practice of surrogacy in the country so as to prevent the exploitation of surrogate mothers and to protect the rights of children born through surrogacy.

Interview of Couples after Successful Twins Delivery with Surrogacy 

According to new Surrogacy Regulation Act passed by the Government Of India. There will 3 steps in which the Intended Parents can take permission for the issuance of certificate

1. STATE BOARD

Signing legal document

Signing legal document

The state board will comprise of learned Doctors who will verify the case on individual basis and check whether the intended parents are eligible for surrogacy

Documents required :

a) Authority letter of a lawyer ( vakalatnama )
b) Application along with affidavits of the intended parents c) Adhaar cards of the intended parents
d) Medical history of the parents
e) Recommendation letter of surrogacy by a doctor
f) Marriage Certificate or Passport
g) Passport size photographs

After the submission of the application in the state board, a date will be fixed for hearing on which the intended parents have to be present along with their counsel. The board will evaluate the case and upon evaluation and due diligence will declare whether the couple is eligible or not for surrogacy. The couple eligible for surrogacy will be issued a certificate for further process.

2. DISTRICT BOARD

Pregnant girl stroking her belly

Pregnant girl stroking her belly

The District board comprises of the magistrate first class . This will be a court procedure
An application along with all the documents are to be produced in the court of law. In this step the documents of intended parents along with surrogate mother will be verified.

This step is to ensure the authenticity of the surrogate mother.
Once the application is submitted , the date will be given for hearing and upon the satisfaction of the judge another certificate will be issued to the surrogate mother.

3. STATE BOARD ( LAST STEP )

Again the file along with the issued certificates will be submitted in the state board for final approval.
Once approved the intended parents are good to go for the process of surrogacy.

4. Form to be filled for Legal Permission : 

 

IN THE COURT OF………………………………………………………………………………………………………………………… Suit/Appeal No. …………………………………………………………………………………………JURISDICTION OF 201 In re:-
……………………………………………………………………………………………………Plaintiff(s) or Petitioner(s)

Appellant(s) Complainant(s)

VERSUS

……………………………………………………………………………………..Defendant (s)/ Respondent(s) / Accused Know all to whom these Present shall come that I/we …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………………………………..

The above named……………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………do hereby appoint

(herein after called the advocate/s) to be my / our Advocate in the above – noted case authorize him:-

To act, appear and plead in the above-noted case in this court or in any other court in which the same may be tried or heard and also in the appellate court including High Court subject to payment of fees separately for each court by me/us.

To sign file, verify and present pleadings, appeals cross-objection or petitions for executions review, revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said case in all its stages subjects to payment of fees for each stage.

To file and take back documents, to admit and/or deny the documents of opposite party.

To withdraw or compromise the said case or submit to arbitration any differences of disputes that may arise touching or in any manner relating to the said case.

To take execution proceedings on paying separate fee.

To deposit, draw and receive money, cheques, cash and grant receipts hereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution on the said case.

To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the power of attorney on our behalf.

And I/we undersigned to hereby agree to ratify and confirm all acts done by the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and purpose.

And I/we undertake that I/We or my/our duly authorized agent would appear in court on all hearings and will inform the Advocate for appearance when the case is called.

And I/We undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said case. The adjournment costs whenever ordered by the court shall be of the Advocate which he shall receive and retain for himself.

And I/we undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until the same is paid up. The fee settle is only for the above case and above Court. I/We hereby agree that once the fee is paid, I /We will not be entitled for the refund of the same in any case whatsoever and if the case prolongs for more than 3 years the original fee shall be paid again by me/us.

IN WITNESS WHERE OF I/We do hereunto set my/our hand to these presents the contents of which have been understood by me/us on this ………………………………Day of……………………201 Accepted subject to the terms of the fees.

Advocate Client Client I Identify the Signature/Thumb Impression of Below Mentioned Person,

Signed in My Presence. The Client.

 

For surrogacy to be valid in the country the bill presents a number of conditions:

  • Only Indian couples who have been legally married for at least five years would be allowed to opt for surrogacy
  • The bill seeks to allow only ethical artistic surrogacy to the intending infertile Indian.
  • The married couple between the age of 23 to 50 years for female and 26 to 55 years for men
  •  It makes it mandatory for the couple to obtain a certificate of essentiality and also a certificate of eligibility before going ahead with surrogacy.
  • The surrogate must be a close relative of the interning couple
  • Surrogate must be a married woman having a child of her own
  • She should be between the age of 25 to 35 years year of age.
  • She should not have been a surrogate earlier and must be certifiably mentally and physically
  • A child born out of surrogacy to be the biological child of the intending couples
  •  The newborn child shall be entitled to all rights and privileges available to a natural child
  • Further, the bill also proposes the setting up of a national surrogacy board at the central level and state surrogacy boards and appropriate authorities in
  • The state and union territories to ensure effective regulation of surrogacy the bill also seeks to regulate the functioning of surrogacy clinics all surrogacy clinics in the country need to be registered by the appropriate authority in order to undertake surrogacy or its related procedures.

New Regulations for Assisted Reproductive Technology (ART) in 2024 – 2025

The health ministry has introduced significant changes to the regulations governing Assisted Reproductive Technology (ART), particularly in vitro fertilization (IVF) treatments. These changes aim to enhance patient safety, ensure ethical practices, and regulate the rapidly growing IVF industry.

Below are the key points of the new regulations: Compliance Procedures for IVF Clinics

IVF clinics must adhere to specific compliance procedures regarding the retrieval of oocytes (developing eggs).

1. Limitation on Oocyte Retrieval: A new limitation has been set on the number of oocytes that can be retrieved in a single cycle.
2. Cap on Embryo Transfers: The government has imposed a cap on the number of embryos that can be transferred to a female during one treatment cycle.
3. Regulations on Embryo Transfer Procedure: According to the Assisted Reproductive Technology Regulations, 2023, a gynecologist should transfer 1-2 embryos in the uterus per treatment cycle, based on the patient’s medical condition.
4. Guidelines for Exceptional Circumstances: In cases of advanced maternal age, recurrent miscarriages, and recurrent implantation failure, up to three embryos may be transferred. Transferring more than three embryos is prohibited.
5. Consent Requirement for Oocyte Retrieval: Clinics are required to obtain consent from donors for oocyte retrieval and are advised to retrieve no more than seven oocytes in one cycle.
6. Controlled Ovarian Stimulation: Clinics must ensure controlled ovarian stimulation to prevent the risk of ovarian hyperstimulation.
7. Health Insurance for Donors: The regulations suggest providing health insurance for donors, particularly in cases of high follicle stimulation, to reduce the risk of donor morbidity.

These updates reflect the government’s commitment to regulating the IVF industry, prioritizing patient safety, and ensuring ethical medical practices.

IVF consultant at Ayushman Hospital and Health Service | Website | + posts

MBBS, DNB in Obstetrics and Gynaecology, Bangalore. Fellowship in Radiology, Fellowship in Infertility treatment, Senior Resident at St. John’s Hospital, Consultant(OBG) at Apollo Cradle, Consultant (OBG) at Aishwarya Infertility Hospital, IVF Consultant - Ayushman Hospital ( Presently )

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