Surrogacy in India

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Surrogacy in India

10.03.20 NEWS – There are proposals for change in India.  The Surrogacy Regulation Bill 2020 is awaiting consent.  If passed, the Bill will permit OCI Indians access altruistic surrogacy in India.  You will need special authorisation beforehand which is a necessary formality.

BEWARE – There are some providers in India offering travelling surrogates for foreign couples.  Indian ladies are asked to go through embryo transfer in one location and birth in another location in order to circumvent the law in India.   These cases became apparent during the covid 19 lockdown when surrogates could not travel to Nepal to give birth.  

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 destinations such as Georgia, Greece, Cyprus and Ukraine.

I continue to represent Indian citizens living in England who use surrogacy services in india.  I 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/agencies 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.   I advise that you have private discussions with your surrogate and hire an interpreter where necessary.

Having conducted surrogacy cases for many years, I am in a good position to advise you of the pitfalls to look out for.  I 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 one of the new destinations, please do not hesitate to contact me for advice and guidance.  I can also put you in contact with lawyers in India that my other clients have used 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.  I will advise you on whether you can become legal parent(s) to the child(ren) and if so, how to return to England with the child(sen).  I 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 parent(s).  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.  I 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 surrogacy lawyers for advice surrogacy in India on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk

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I provide legal advice on surrogacy based on the law in England and Wales.

I have acted for clients working with many agencies across the world.  I will not recommend any surrogacy provider, destination, agency or clinic.   If my advice concludes that you can become legal parents following the arrangement you are considering, it should not be taken as advice to proceed.  If I have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.   You must always do your own due diligence on any agency / destination.  A successful arrangement for someone else won’t always mean a successful arrangement for you.  I will not take part in any negotiations for your surrogacy arrangement nor, will I review your surrogacy contract.