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Surrogacy Law in India: Guidance for Intended Parents and NRIs

Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, which permits only altruistic surrogacy and prohibits commercial arrangements. The law is complex and requires careful compliance for intended parents, surrogates, and medical institutions. At Thukral Law Associates, we offer end-to-end legal support in surrogacy matters — from drafting agreements and obtaining approvals to ensuring parental rights are legally recognised. Our practice extends to NRIs, foreign citizens married to Indians, and Indian couples who seek clarity and lawful assistance in surrogacy procedures.

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Why Surrogacy Requires Legal Guidance

The law mandates strict conditions for both the surrogate and the intended parents.
Any deviation may lead to criminal liability, void contracts, or denial of parental rights.
Surrogacy involves medical, emotional, and legal dimensions, making professional legal oversight essential.
NRIs and foreign couples face additional compliance hurdles for citizenship and parentage recognition of the child.

Our Surrogacy Legal Services

Advisory & Eligibility

Determining eligibility of intended parents under Indian law.
Advising on conditions for surrogates (age, marital status, prior childbirth, medical history).
Clarifying restrictions on foreign couples and NRIs.

Surrogacy Agreements

Drafting legally valid surrogacy agreements.
Covering medical expenses, insurance, rights and obligations of parties.
Ensuring enforceability under Indian laws.

Approvals & Compliance

Guidance on approval from District Medical Boards.
Coordination with ART (Assisted Reproductive Technology) clinics.
Ensuring compliance with ART (Regulation) Act, 2021.

Parental Rights & Registration

Legal recognition of intended parents.
Birth certificate registration in the name of intended parents.
Representation before authorities in disputes relating to custody or recognition.

NRI & International Surrogacy Matters

Advising NRIs on applicability of Indian surrogacy laws.
Handling citizenship, passport, and travel documentation for children born through surrogacy.
Liaising with embassies and consulates for exit permissions and documentation.

Dispute Resolution & Litigation

Handling disputes between intended parents and surrogates.
Challenging illegal surrogacy arrangements.
Representing clients in High Courts and Supreme Court on surrogacy-related matters.

Typical Scenarios We Handle

Indian couple seeking surrogacy due to medical reasons.
NRI couple confused about Indian surrogacy restrictions and overseas recognition.
Dispute over custody and parental rights after birth.
Legal formalities for passport and exit visa for a surrogate child.
Medical board approval challenges.

Why Choose Thukral Law Associates

Specialised expertise: Deep knowledge of Surrogacy Act, ART Act, and allied laws.
NRI-focused practice: Extensive experience assisting Indian-origin clients abroad.
End-to-end service: From advisory to agreements, court representation, and documentation.
Global perspective: Assistance with international documentation and cross-border parentage issues.
Proven results: Represented clients in sensitive family and medical law disputes.

FAQs

Q1. Is surrogacy legal in India?

Yes, but only altruistic surrogacy is permitted under the Surrogacy (Regulation) Act, 2021.

Q2. Who is eligible to opt for surrogacy in India?

Indian married couples who meet medical and statutory conditions. Foreign couples are generally prohibited under current law.

Q3. Can NRIs avail surrogacy in India?

Yes, subject to specific conditions, but they must comply with both Indian and their resident country’s laws on parentage and citizenship.

Q4. What legal documents are required?

Surrogacy agreements, medical board approvals, insurance for surrogate, and affidavits for birth certificate registration.

Q5. Can a surrogate claim custody of the child?

No, provided the agreement and statutory requirements are validly executed.

Speak to a Lawyer

Considering surrogacy in India? Our lawyers provide confidential, comprehensive guidance to ensure your surrogacy journey is legally secure. Contact us today.

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