Surrogate Consultancy
Satjot Surrogate Consultancy and Fertility Clinic
Our goal is always be to ensure your safety and have a successful surrogacy journey for everyone involved; potential surrogates must meet specific health, lifestyle, and legal criteria. Our dedicated team is here to guide you in compassionate, caring and supporting environment from your first inquiry to the delivery of the baby and beyond.
We help you to provide
- Comprehensive screening and medical clearance to ensure a safe journey.
- Coordination of all medical, legal, and emotional support needs.
- Regular updates to ensure all parties stay informed.
- 24/7 access to support for intended parents and surrogates.
- We offer financial Guidance and Transparency
Key Features of the Surrogate Law in India
1. Commercial Surrogacy is Prohibited
- A woman cannot be paid for acting as a surrogate mother except for medical expenses, insurance, and other prescribed costs. Any form of profit-making surrogacy is illegal.
2. Only Altruistic Surrogacy is Allowed
- Altruistic surrogacy means the surrogate mother receives no monetary compensation other than medical expenses and insurance coverage.
3. Who can Opt for Surrogacy?
- The law permits:
- Eligible married Indian couples with medical indications for surrogacy.
- Certain categories of single women (widows or divorcees) subject to prescribed conditions.
4. Eligibility Criteria for an Intending Couple
- Legally married man and woman (heterosexual marriage recognized under Indian law).
- Age limits on the date of certification:
- Wife: 23–50 years
- Husband: 26–55 years
5. Medical indication for surrogacy
- The couple must have a medical condition certified by the competent authority that necessitates gestational surrogacy.
- No surviving child
- The couple should not have a surviving biological, adopted, or surrogacy child.
- Exception: a surviving child with a life-threatening disorder, serious disability, or incurable disease certified by the District Medical Board.
6. Certificate of Eligibility
- Issued by the Appropriate Authority after verification of legal requirements.
- Certificate of Essentiality
- Includes proof of medical indication for surrogacy and compliance with statutory requirements.
- Mandatory insurance for the surrogate for the prescribed period (currently 36 months).
7. Who is not Eligible?
- Single man
- Unmarried couples/live-in partners
- Same-sex couples
- Persons outside the categories recognized by the Act for surrogacy access.
8. Special Category
- An intending woman who is a widow or divorcee (35–45 years) may also avail surrogacy subject to statutory conditions.
9. Child Born Through Surrogacy
- A child born through lawful surrogacy is deemed the biological child of the intending parents and is entitled to the same rights and privileges as any other child.
10. Regulation of Clinics
- Surrogacy clinics must be registered. The Act establishes national and state authorities to supervise and regulate surrogacy services.
- Surrogacy in India is strictly governed by the Surrogacy (Regulation) Act, 2021 (alongside the Assisted Reproductive Technology Act, 2021). The legislation was enacted to curb the commercial exploitation of women and regulate ethical standards, shifting India from what was once a global hub for commercial surrogacy to a highly restrictive, altruistic-only model.
What is not Permitted?
1. Absolute Ban on Commercial Surrogacy
- Altruistic Surrogacy Only: The law completely prohibits commercial surrogacy. No monetary compensation, fee, or reward can be given to the surrogate mother.
- Permitted Coverage: The intended parents can only cover actual medical expenses, postpartum complications care, and a mandated 36-month health insurance policy for the surrogate.
Key Documents
Under the current Indian surrogacy framework, the key documents and certificates generally required for an intending couple/intending woman are:
- Identity and Personal Documents
- Aadhaar Card
- PAN Card
- Proof of residence/address
2. Medical Documents
- Detailed infertility/medical records
- Certificate of Medical Indication necessitating Gestational Surrogacy issued by the District Medical Board. This is one of the most important documents required before proceeding.
3 Essentiality & Eligibility Certificates
- Issued by the State/UT Appropriate Authority.
- Certificate of Eligibility for the intending couple/intending woman.
- These certificates are generally valid for one year from the date of issue.
4. Court Order
- Order from a Magistrate First Class (or higher court as applicable) regarding the parentage and custody of the child to be born through surrogacy.
5. Insurance Documents
- Insurance policy covering the surrogate mother for 36 months, including postpartum complications and prescribed expenses.
6. Surrogate Mother's Documents
The surrogate mother will require:
- Aadhaar/PAN and address proof
- Marriage certificate (if applicable)
- Birth certificate of her own child
- Medical fitness certificate
- Psychological fitness certificate
- Eligibility certificate issued by the Appropriate Authority
- Written informed consent documents
7. Clinic-Related Documents
- Registration records of the ART/Surrogacy Clinic.
- Consent forms.
- ART treatment records.
- Embryo transfer and laboratory documentation.