What do you need to know about a surrogate mother in Indian law?

According to Wikipedia, “A surrogacy arrangement or surrogacy agreement is the carrying of a pregnancy for intended parents. There are two main types of surrogacy, gestational surrogacy (also known as host or full surrogacy which was first achieved in April 1986 and traditional surrogacy (also known as partial, genetic, or straight surrogacy).”

It has become popular as it helps couples with infertility problem to realise their dreams of becoming parents and building a family. However, the surrogate mother in Indian law is not considered to be the legal mother. According to the Indian Council of Medical Research (ICMR) guidelines, a surrogate mother is counselled both psychologically and legally that she’ll not have any rights over the child that she gives birth. Moreover, the intended parents will have all the legal rights over the child and will be the legitimate parents of the child.

The intended parents as per the Indian law cannot refuse to take the child born and it is mandatory for them to take the responsibility of the child. No cases yet have been witnessed where the intended parents have refused to take the child’s responsibility. If they refuse, it can be challenged in the court as the state or the surrogate mother isn’t responsible in any way to take up the responsibility.

As per the ICMR) guidelines, the intended parents will have all the parental responsibilities and attendance rights. It is important for the surrogate mother in India law to relinquish all the parental rights over the child in writing.

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