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Legalities & Contracts

LAWS & PRACTICES

From country to country, laws & regulations about surrogacy vary so they can’t be generalized. Therefore, it is important to understand the rules & regulations of each respective country before taking this important decision. Commercial surrogacy legal status in India are as follows:

ICMR.

For the purpose of accreditation, regulation & supervision of ART clinics in India, only the guidelines laid down by ICMR in the year 2002 and later amended in 2008 exist up to date. The ART bill of 2012 was prepared and tabled in parliament for notification.

As per Supreme Court ruling, commercial surrogacy is approved & allowed for Indian & foreign parents; however, the surrogacy services for same sex couples & single foreigner was banned as per July 7th, 2012 (MHA notification). Here are the guidelines and other surrogacy notifications.

Important excerpts from ART Bill.

  1. For any commercial dealing in gestational surrogacy & donor process, the ART clinic should not be part of it.
  2. Things which are not permitted include a selection of gender both before and after fertilization and abortion of any particular gender. But in case of risk of transmission of any genetic abnormality from parent to the fetus tested from PGD, abortion can be permitted.
  3. ART clinic takes responsibility to receive sperm from ART banks or any other third party donors rather than going for the same from a relative or a known friend of the couples.
  4. In India, altruistic surrogacy is not allowed, this mean that no relative or person known to the couple should be allowed to take a surrogate position whatsoever.
  5. People who are allowed for surrogacy are only patients for whom it would be impossible for them to carry the baby to term due to a physical and medical complication.
  6. The commissioning parent takes the responsibility to accept the child born through surrogacy.
  7. The embryos may be stored for five years, and they may be used either for other couples or research after taking the consent of the couple owning the embryos.
  8. The carrier should be between 21-35 years and married. Transferring of the embryo is performed only on married women under a written consent of her husband.

ART clinic vs. ART Bank.

With respect to surrogate mother management and donor programs, ART clinic are supposed to function independently and should not be involved in any commercial dealing. This is per ICMR guidelines.

  1. Refer Chapter V; Clause 26; paragraph 1 and 2
  1. The screening of gamete donors and surrogates; the collection, screening and storage of semen; and provision of oocyte donor and surrogates, shall be done by an ART bank registered as an independent entity under the provisions of this Act
  2. An ART bank shall operate independently of any assisted reproductive technology (ART) clinic

Simultaneous Transfers.

Simultaneous in surrogate of simultaneous transfer of embryos in two surrogates is not allowed as per ART Bill.

  1. Refer Chapter VII; Clause 34; Para (20), (21)

(20) A couple or an individual shall not have the service of more than one surrogate at any given time

(21) A couple shall not have simultaneous transfer of embryos in the woman and in a surrogate

IP-WSC Agreement.

At WSC, we deliver services in a most professional & ethical manner with the confidence in our standardized process & protocols. A contract must be signed with our IP. Gestational Surrogacy.

Gestational surrogacy services to WSC clients are provided to satisfaction, but any request for traditional surrogacy is accepted in a pursuance of preventing guidelines & maintenance of our own high ethical & moral standards.

Surrogacy contracts & documentation.

We at WSC we have always maintained high standards of professionalism as per our mission which is to provide surrogacy services with compassion, accountability & transparency with respect to legal documentations, contracts and paperwork related to all authorities concerned.

Here are the steps you are required to understand so as to complete legal requirements for hassle free completion of the surrogacy process and exit formalities.

Section 1: LEGAL DETAILS- IP

Documentation of proof along with necessary details for the intended parents must be provided so as to prepare a draft agreement to be sent to you for peruse & compliance. Download the IP detail form here

SECTION 2: WSC-IP AGREEMENT.

An agreement between IP and the company to clarify roles, obligations & limitations of both IP & corporate is signed. Also a thrust upon our confidence to sail you successfully through the surrogacy process in India is signed. Click Here

SECTION 3: IP CONTRACT.

A customized agreement between SM & IP is prepared depending upon your respective country legal status and requirements, this is done by our legal team. A mutual discussion with your lawyer is also made. After a successful enrolment a copy of the same is provided to you. Click here

A final draft of the agreement is then sent to you for proper compliance and spell check after a proper selection of a surrogate. After this process there is no further editing possible so it is an important step and with retrospective an agreement is required for the phase of delivery, hospital discharge, exit visa, and citizenship.

Section 4: IP-ED AGREEMENT

ART clinics or banks ae not allowed to reveal any personal details of the ED to IP and it is supposed to be done in an anonymous manner, this is according to guidelines & notifications. From this, no agreement can be signed between IP & ED. The ART clinic only has to sign the consent form from the ED.

SECTION 5: DECLERATION BY NOMINEE

The IP are supposed to be sent “Declaration by Nominee” to two of their nominees which will then affirm that the nominees will take full responsibility to fulfill commitments on IP’s behalf in case of IP’s inability to perform their duties as per the contract agreement due to any reasons, this is according to the MHA notification. Click here for MORE

SECTION 6: IVF CONSENT FORM.

Consent forms have to be signed by the IP, ED &SM before the onset of IVF procedure at WSC so ad to comply with the requirements of an ART clinic.

SECTION 7: REGISTRATION WITH FRRO

Here is the list of documents to be submitted during various steps of the surrogacy process i.e. enrollment with WSC, DNA testing and consulate and obtaining exit visa from FRRO during your visit to India. fg