Surrogacy Law

Parenthood is most cherished experience in all cultures of the world. However, there are many people who are deprived of this joy. Over the years medical science has invented ways to give joy of parenthood to such couples, one of the popular ways being surrogacy.

Surrogacy involves intended parents, parents wanting the child and surrogate mother, one bearing the child. Surrogacy techniques can be different based on medical case such as Gestational Surrogacy or Traditional Surrogacy. Gestational Surrogacy involves transfer of embryo created by IVF technique to surrogate mother, so the child is not genetically related to surrogate. Traditional surrogacy involves impregnating surrogate naturally or artificially, so the child is genetically related to surrogate.

The process of surrogacy, custody of child, role of intended parents, rights of surrogate mother and many such factors have various legal implications. Hence, surrogacy law is crucial in these situations of high medical and emotional complexities.

India is becoming a preferred location for surrogacy or fertility tourism due to low cost of surrogacy process and less stringent laws. But to avoid all this resulting in commercialization of human reproductive system, exploitation of women and commodification of children, Indian Law commission is pressing for the need of regulating Assisted Reproductive Technology clinics in India.

We understand that in such cases clients not just need rational legal advice but reassurance of understanding the sensitivity and legality of their situation. We believe in responsibly conducting our legal practice to protect the privacy of not just our clients but all parties involved.