Surrogacy in India
28-10-15 NEWS – There are proposals for change in India. If you have embryos in India or, if you have started or are considering starting the procedure please contact us for advice urgently.
For many British couples, surrogacy in India was the first choice. However, no new cases have been permitted for foreign couples since November 4th, 2015. This is currently being challenged in the Supreme Court of India but until the conclusion of the proceedings, there will be no change. In the meantime, couples are looking at other popular destinations such as Georgia, Cambodia and Ukraine.
There were several surrogacy clinics in India which are tried and tested consistently producing a complete service to British citizens. These clinics may move to new destinations.
We have acted for many British couples for whom Parental Orders have been granted without any difficulty. It is important to do extensive research and secure references from other British couples who have successfully used the clinic that you are considering using.
The better clinics in India will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate. The onus is on you to ask relevant questions at all times to make sure that exploitation does not take place. We advise that you have private discussions with your surrogate and hire an interpreter where necessary.
You need to make sure that surrogacy is legal in whichever destination the clinic is in.
Having conducted surrogacy in India cases for many years, we are in a good position to advise you of the pitfalls to look out for. We also have experience with the citizenship and passport procedure to get you back to the UK with your child.
If you are considering surrogacy in India or one of the new destinations, please do not hesitate to contact us for advice and guidance. We can also put you in contact with lawyers that our clients have used successfully in the past.
Regardless of the law in the chosen destination, the surrogate is always the legal mother. Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a Civil Partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate. We will advise you on whether you can become legal parents to the child(ren) and if so, how to return to England with the child. We will then provide a bespoke service for you to obtain a Parental Order.
A Parental Order extinguishes any legal rights that the surrogate and her husband have for the child and makes you the legal parents. If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption. This deadline has been extended in some cases. We will work with you and lawyers in India to ensure that all of the necessary paperwork is in place for the Parental Order process within the deadline.
Please call our surrogacy lawyers for advice on surrogacy in India.
Do read the testimonials to see what other couples say about us.
Please be advised that our role is limited to providing legal advice on surrogacy based on the law in England.
We will not recommend any surrogacy provider, destination, agency or clinic. Entering into a surrogacy arrangement abroad requires much research and advice. Our role is to advise you on your position from a UK law perspective if you were to proceed with your arrangement. If our advice concludes that you can become legal parents following the arrangement, it should not be considered as advice to proceed. If we have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.
We will not take part in any negotiations for your surrogacy arrangement nor, will we review your surrogacy contracts.