Continued Practice of Commercial Surrogacy

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Despite the ban on surrogacy many foreign nationals come to India in search of surrogates.

By Aakriti Valecha

Bengaluru, 10 April,  2019.

Indian surrogacy law makes it illegal for foreign couples to come to India for Surrogacy. The law states that surrogates must be related to the couple.

Zahanat, a citizen of Dubai, who came to India in search of a surrogate said, “In 2018, we came from Dubai to India for surrogacy procedure. We booked the slot with our doctor and after 3 months of booking, they called and told us to come for the procedure. There are different packages for surrogacy. Like for single child the cost is $8000 and the cost of twins are $11000. International couples come to India for surrogacy. In these cases, the surrogate mother is an Indian.”

Shweta, Parent who has opted for surrogacy, “I had a baby girl from a surrogate mother. Doctors told me that I cannot conceive either I have to adopt a baby or go with surrogacy. It is very difficult for me choose surrogacy as an option. My doctor told me about that surrogate mother. There were many legal formalities which we followed during the procedure. It is becoming very common in India. Many girls cannot conceive because of their life style or any sexual problem.”

Commercial surrogacy is legal in India, Ukraine, and California while it is illegal in England, In contrast, countries like Germany, Sweden, Norway, and Italy do not recognize any surrogacy agreements.

It is very easy to find a surrogate mother in India because of poverty. The cost of the full procedure is very less as well.

Prabha Murty, a Gynecologist said, “Surrogacy is becoming very common in India because the cost of whole procedure is very cheap. Surrogacy is a good option because an infertile couple gets their biologically related baby.”

The surrogacy agreements are treated at par with other contracts under the Indian Contract Act 1872

Muzzafar Ahmed, a criminal cases advocate from Bangalore said, “The age of the surrogate mother should be 21-35 years, and she should not have delivered more than 5 times including her own children. If the surrogate is a married woman, the consent of her spouse would be required before she may act as surrogate to prevent any legal or marital dispute.”








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