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Registration done before New Surrogacy Law passed In India


03-Feb-2023 (In Family Law)
Hi We are residing in Australia I am a citizen of Australia along with an Overseas Citizen of India. My wife is an Indian citizen and an Australian PR holder. We have registered with a surrogacy clinic in Dec 2021 for commercial surrogacy before the new Bill was passed in Rajya Sabha. We still haven't signed any contract and was planning to travel to India this month to carry out the rest of the formalities and start the procedure. However, we have been informed by our surrogacy clinic that the new bill has been passed and we need to carry out all medical procedures ( collection of eggs and embryo creation and transfer ) by end of March 2022 to keep the process valid as per the previous law. We are only concerned if we are still legal to carry out this procedure and it will not be an issue later on at the time of birth of the child for transfer of the birth child to intended parents and including their names on the birth certificate claiming that the contract is no longer valid
Answers (3)

Answer #1
902 votes
Hello Sir/Ma’am, The new surrogacy law passed by the Indian government in December is much more complicated as compared to the previous one. If you have gone through the new law the magistrate of the first class is authorised to issue the birth certificate upon the application made by the surrogate mother and the intending couples. And the clinic should also be registered under the District Medical Board & so on. Will share the new act on your phone number.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
934 votes
Surrogacy has become legal after the passing of the Surrogacy Regulation Bill 2019 and numerous guidelines set up by the ICMR. Your surrogacy formalities needs to be within the same ambit of guidelines. For any further legal assistance please feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #3
996 votes
At the outset it seems that Bill seems to regulate heavily the Surrogacy clinics. I wouldn’t advise one to opt for surrogacy. You may opt for another country if the formalities are yet to be done. I am sure the surrogacy clinics will continue to exist. It seems commercial surrogacy is being regulated and may be bad in law. Therefore,you shall steer clear at the moment and wait for 6 months to see the developments.
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Advocate Kunal Sinha

Adv. Kunal Sinha

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