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Salient Features of Ela Legal Assistance Plan:

Domestic Surrogacy Regulations

The Indian Council of Medical Research in India has laid down certain surrogacy regulations for Indians which are mentioned below:

  • Agreement between the couple and surrogate mother is mandatory
  • No utilization of information for commercial purposes
  • Promise financial assistance to the child in case of couple’s divorce or mishappening to the couple
  • Birth certificate must comprise name of the commissioning parents
  • No sex-selection
  • Total privacy and protection of surrogacy mother’s information

International Surrogacy Regulations

The couples from other countries who are coming to India and opting for surrogacy procedure with Indian surrogate mother need to follow certain surrogacy regulations drafted specially for foreigners.

  • Foreigner couple must be married for min 2 years
  • International patients must visit India on medical visa
  • Submit official letter promising to name the child as their biological child
  • Undertaking responsibility of the child
  • Agreement between the foreigner couple and Indian surrogate mother
  • Acceptance of the child in their
  • DNA test mandatory after the delivery of the child

What people are saying

Mohit_Verma
Mohit Verma
We tried for different fertility treatments, but did not succeed. Then I decided to go for surrogacy. I received excellent assistance from Ela Legal team regarding all legal help for surrogacy in India.
Monish_Bajaj
Monish Bajaj
While opting for surrogacy, we were uncomfortable with the thought of legal stuff revolving around surrogacy. Ela helped us to a great extent. The representatives of Ela guided us well.
payal_Sharma
Payal Sharma
We both were confused, whom to consult regarding legal issues. One day while searching across the internet, we found Ela. We decided to give it a try and I must say that it was the best decision.
Shivani_Saxena-1
Shivani Saxena
Fertility treatments are themselves a challenge for the couples who are struggling for having a baby. Team Ela and Legal service makes the journey seamless - a hassle-free experience.

Surrogacy Regulations in India

DOMESTIC PATIENTS

  • The surrogate mother and the couple commissioning have to sign up a legal contract before the surrogacy procedure starts.
  • The details mentioned in the contract include the compensation to be paid to the surrogate mother and the child’s guardianship once he/she is born.
  • The surrogacy agreement will also involve the financial support for the child born with surrogacy procedure. This safeguards the future of the child even if parents deny to accept the child, divorce of the parents takes place or in case of the death of parents who opted for the surrogacy procedure.
  • The birth certificate of the child born with surrogacy procedure will consist of the names of the parents who have opted for and paid for the surrogacy procedure. If it is a single parent surrogacy, then the birth certificate will bear the name of a single parent.
  • Sex selection during surrogacy is a ban in India.
  • The information of the surrogacy mother should be protected at every cost.
  • In case of termination of a surrogacy pregnancy, it needs to follow the Medical Termination of Pregnancy Act 1971 only.
  • Surrogates mother should stay in surrogate homes so that they get proper nutrition and medical needs during 9 months of pregnancy.

INTERNATINAL PATIENTS

  • The couple needs to be married for at least 2 years at the time of applying for surrogacy procedure in India
  • The couple needs to submit an official letter stating that the child which will be born in India with surrogacy procedure will be accepted as the biological child of the foreigner couple in the respective country. The letter must be submitted at the Embassy of the respective country in India.
  • The foreigner couple must submit an undertaking that they will take the responsibility of the child with respect to the finances and child care.
  • A legal document comprising of an agreement between the foreigner couple and surrogate mother must be recorded.
  • Surrogacy must be recognized in the country of the couple commissioning surrogacy
  • Surrogacy must be performed only at the registered IVF clinics in India. Clinics should follow proper code and conduct of surrogacy and should adhere to Surrogacy Law and ICMR guidelines.
  • DNA test is performed on the child once he / she is born to check whether the child is the biological child of the parents. The child should have at least inherited DNA from one of the parents.

Egg Donation Regulations in India

The legal aspects of Embryo Donation in India include the following:

  • Information of egg donor and the couple using donor egg should be confided
  • Only specialized donor banks need to be contacted for donation purposes
  • An egg donor cannot be a surrogate mother
  • The age of the egg donor must be between 18 - 35 years
  • ART or egg donation banks should be a separate entity from the IVF clinic
  • Egg donor has no legal right on the child born through her egg
  • Egg donors personal details are kept confidential and anonymous
  • Egg donor waives off her rights over donated eggs by signing a contract
  • Once the child becomes adult, he can seek information about egg donor except her personal info
  • Egg banks provide certain details such as weight, height, complexion, race, eyes color, hair color etc to the couple but no personal details to contact her

IVF Regulations in India

There are certain legal regulations which need to be followed at the time of IVF treatment. You need to note that there are no restrictions for opting of IVF treatment. Here the IVF regulations in India:

Embryo Donation Regulations in India

The legal aspects of Embryo Donation in India include the following:

  • Once, the embryo is donated to the couple, the embryo donor does not have any legal right on the baby born with the respective embryo.
  • The embryo donor signs up a legal document (which specifies that the rights are with the couple).
  • The couple becomes legal parents right after the implantation of the embryo.
  • According to ICMR guidelines, relatives and family members are not allowed to donate embryos.
  • Clinic and couple can know every info of embryo donor except their name and address. Some of the commonly revealed information of the donors include their weight, height, qualification, education, profession, ethnicity, complexion, family background, blood group, any hereditary disease except donor’s name, address and contact info.

Sperm Donation Regulations in India

The legal aspects of Sperm Donation in India include the following:

FAQs

Does the surrogate mother have legal rights on the child born with surrogacy procedure?

No. In the agreement signed between the couple and surrogate mother, it is clearly indicated that the surrogate mother does not have any legal right on the baby. Only the couple opting for the surrogacy treatment will have the parental orders and rights over the child.

Who is the legal mother of the child?

At the time of signing up with the surrogacy procedure agreement, the intended parents or the ones who are paying for the surrogacy procedure receive the attendance rights as well as financial responsibility of the child. So, the female member of the couple is the legal mother of the child.

Do we have to submit an application before or after the birth of the child via surrogacy procedure?

No. This is not necessary. Your surrogacy agreement signed before the commencement of surrogacy procedure is sufficient.

What if the surrogate mother refuses to give over the baby to the intended parents?

In case of such circumstances, the surrogacy agreement will be a savior for you. You can utilize it and legally win your child’s custody thus avoiding any kind of such issues in the near future.

What if the child wants to know about the surrogate mother?

The child cannot be told about the surrogate mother till he / she turns 18 years old. Also, once the child turns 18, he / she can be informed regarding surrogate mother excluding the name and contact number of the surrogate.

What will happen if the intended parents refuse to take responsibility of the child?

In these type of cases, the intended parents can be legally challenged in the court as it is the responsibility of the intended parents to take care of the child after its birth from the surrogate mother.

What if the country of intended parents refuse to accept the baby? Will he return to India?

This happens very rarely. But in case if this happens, then the baby is brought back to India and it is the state’s responsibility to put up the baby for adoption in India. It ensures that the baby is in the right hands and has a positive future. Also, before issuing any medical visa to the international patient for surrogacy, it should be properly checked and taken care of that surrogacy is well recognized in the country of the couple commissioning surrogacy.

Is it legal if the sperm donor and egg donor are both utilized in surrogacy procedure?

No. This is not legal. The best alternative option of the surrogacy procedure is to opt for the way of adoption.

I am opting for IVF treatment. Is sex determination possible?

No. Sex determination is illegal in India irrespective of the type of fertility treatments you are opting to have a baby.

Can I get IVF in any clinic?

IVF treatment should only be received from the clinics adhering to IVF laws and follows ICMR guidelines completely. Such clinics should have medical registration number and be registered as an IVF clinic.

When does one require to opt for egg donor procedure?

A couple might require to opt for an egg donor option for conceiving a baby if any one of the following cases arrives:

  • Reduced ovarian reserve. This is quite common after the age of 40 years and the quality of the eggs are low.
  • Early ovarian failure which makes it difficult to produce required eggs for formation of embryo.
  • Genetically inherited diseases which make it necessary to utilize donor eggs.

Do egg donors have any legal rights on the child?

No. The legal rights stay with the intended parents who are opting for the egg donor procedure. An agreement is signed before the donor donates the eggs for the couples fertility treatment.

What are the success rates IVF with egg donation procedure?

The success rates of egg donation procedure in fertility treatments such as IVF are between 55 - 65%.

What are the benefits of using donor eggs in IVF?

When donor eggs are utilized during IVF treatment, the chances of successful pregnancy with IVF increases up to 1.5 or 2 times as compared to IVF treatment with self egg.

Will the name of donor be mentioned on the birth certificate of the child?

No. The name of the donor will not be mentioned. Only the name of the intended parents will be mentioned on the child’s birth certificate.

Will I be paid for donating eggs?

Yes. You will be paid for donating eggs which is a win-win situation for both the couple as well as the donor individual.

As an egg donor, will I be asked to support the child financially?

No. You will not be asked to support the child financially.

I recently had an acupuncture/tattoo done. Can I donate?

You need to inquire with the respective fertility center so that you will be able to know your eligibility for the donation.

Will my information be kept confidential?

Absolutely! The agreement which you will sign up before donating eggs will clearly specify regarding the confidentiality of your identity and valuable information.

How much time does egg donation take?

The total time taken for the egg donation procedure is around 2 weeks. Injections are given on day 2 of the periods to stimulate the growth of multiple eggs. On the final day of the egg retrieval, it takes about 20-30 minutes to complete the procedure.

How many times eggs can be donated by an egg donor?

An egg donor can donate her eggs for a maximum of 6 times in her lifetime. Also, there should be a gap of at least 3 months between consecutive egg retrieval procedures.

Can we get donated eggs frozen for later use?

Yes. This is absolutely possible. You just need to talk to the respective fertility center for the successful freezing of donated eggs. The eggs can be stored for at least 5 years for later use according to the requirements of the couple.

Who needs donor sperm?

Donor sperms are required in the following cases:

  • Couples in which men have low or NIL sperm count
  • Presence of genetic diseases in male partner
  • In case of same sex couples / single woman
  • In case of repetitive failed IVF treatments

What’s the eligibility criteria to be a sperm donor in india?

The eligibility criteria to be a sperm donor in India includes the following: The potential donor needs to pass the medical tests including HIV, AIDS, Hepatitis B. The age of the donor should be between 21-45 years (most reproductive years in men) Physical traits (height, weight, education) need to be checked. Semen analysis to check the semen count, semen morphology and semen quality. A sperm donor can donate his sperms for a maximum of 75 times in his lifetime.

What is the procedure of sperm donation?

The procedure of sperm donation includes the following steps:

  • First of all, the potential donor is put through certain tests which include genetic screening, medical history checkup along with semen analysis.
  • For these tests, the sperm donor is being called at the ART bank for at least 3-4 times.
  • Once all the screening tests are cleared, sperm donor will be called to donate the sperms at the fertility center or ART bank.
  • He will be given private space to donate his sperms in a peaceful manner.
  • The sperm donor signs up the legal documents to avoid any conflicts in the future over the custody of the child born through his sperms.

How many times can I donate my sperms?

You can donate sperms 75 times in total. You need to remember that you should not donate sperms more than 2-3 times every week.

How much will I get paid for the donated sperm sample?

Every time you donate a sperm sample, you will receive around Rs. 500 - Rs. 2000 depending on the appearance and education of the sperm donor. This varies from one clinic or sperm bank to the other.

How much will I get paid for the donated sperm sample?

Every time you donate a sperm sample, you will receive around Rs. 500 - Rs. 2000 depending on the appearance and education of the sperm donor. This varies from one clinic or sperm bank to the other.

What are the advantage of being a sperm donor?

The advantages of being a sperm donor are as follows:

  • You receive a compensation for your sperm donation.
  • You will be helping homosexual and heterosexual couples in need of good quality sperms for conceiving a baby.
  • You will be a part of a noble cause without your own loss.
  • Sperm donors are quite less around. So, you will be in a great demand.

Will I be informed by the centre if some couple uses my sperm during their treatment? If I am dead, will my sperms samples be used or discarded?

  • Usually not. You will not be informed about the usage of your sperms for a couple’s infertility treatment for conceiving a baby.
  • If you are dead, then your sperms can be utilized successfully in the fertility treatment of a couple as you have signed up legal documents waiving off your rights on the donated sperms.

Embryo Donation

Can I use donor embryo in my surrogacy procedure?

No. You cannot utilize donor embryo in surrogacy procedure. In such cases, adoption practice is followed to start one’s family.

Is it legal to use donor embryos in the IVF procedure?

Yes. It is legal to use donor embryos in IVF procedure as in this case the female partner in the couple will be getting the donor embryo implanted in her uterus. And the child born with the help of IVF and donor embryo is the biological child of the couple.

What are the types of embryo donation?

There are basically two types of embryo donations. This includes:

  • Frozen Embryo donation: In Frozen Embryo donation, a couple who has undergone IVF treatment and has extra embryos left donates it to the infertile couple. These extra embryos are usually available in the frozen form. The frozen embryos are then donated for utilization.
  • Created Embryo donation:In case of created embryo type of donation, both the sperms and eggs are taken from the donor individuals and the embryo thus formed is implanted in the uterus of the female partner in the couple.

How to find a quality embryo donor?

The fertility center or hospital will provide you the facility of arranging for an embryo donor for your infertility treatment.

Is Embryo donation safe?

Yes. The donated embryos are frozen for at least 6 months and tested for genetic disorders including HIV, Hepatitis B, and major infections. This makes embryo donation safe from every aspect.