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Ela Legal Assistance feature has been designed with an aim to assist couples who have concerns with the legal aspects of various infertility treatments such as IVF, Surrogacy, Egg Donation. It helps in starting the family formation in a much smoother way without involving any legal issues in the future.
The Indian Council of Medical Research in India has laid down certain surrogacy regulations for Indians which are mentioned below:
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.
In India, certain egg donation regulations are laid out for the benefits of the couple as well as egg donor.
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:
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The legal aspects of Embryo Donation in India include the following:
The legal aspects of Sperm Donation in India include the following:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
1. 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.
2. 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.
1. 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:
2. 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.
3. 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%.
4. 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.
5. 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.
6. 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.
7. As an egg donor, will I be asked to support the child financially?
No. You will not be asked to support the child financially.
8. 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.
9. 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.
10. 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.
11. 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./p>
12. 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.
1. Who needs donor sperm?
Donor sperms are required in the following cases:
2. 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:
3. What is the procedure of sperm donation?
The procedure of sperm donation includes the following steps:
4. 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.
5. 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.
6. What are the advantage of being a sperm donor?
The advantages of being a sperm donor are as follows:
7. 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?
1. 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.
2. 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.
3. What are the types of embryo donation?
There are basically two types of embryo donations. This includes:
4. 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.
5. 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.