What is a Surrogacy Agreement?

A legal document between the intended parent and the Surrogate for Assisted Reproductive Technique of Surrogacy.

WHAT IS A SURROGACY AGREEMENT?

“Surrogacy Agreement” is an agreement between the intended parent and the Surrogate, which expresses their necessity and fully volitional desire to opt for Assisted Reproductive Technique of Surrogacy, whereby the surrogate shall bear and gestate the embryo of the Intended Parents.

ADVANTAGE

1. Fosters Good Relations: A comprehensive agreement, protecting the rights of both Surrogate mother and intended parent, is essential to a good legal relationship between the two parties.

2. Legal Protection When a deal involves such a large asset, you need a document in place that offers legal protection in case any action of the opposing party contradicts its terms.

3. Secures from unpredictable expenses.

DOCUMENTS REQUIRED FOR DRAFTING AGREEMENT

1. Fill the Information Form
   2. Provide required Documents.

FAQ

What is surrogacy?

Surrogacy is when another woman carries and gives birth to a baby for the couple who want to have a child.

What is the criteria for being a surrogate mother?

1. Surrogate must be between the ages of 21-40
2. Surrogate cannot have a BMI higher than 33
3. Surrogate must be a US citizen or permanent resident,
4. Surrogate must have given birth to and be raising at least one child of their own,
5. Surrogate must be a NON-smoker
6. Surrogate must NOT take any illegal substances, or medications that have not been prescribed for her by a physician,
7. Surrogate must have a positive support system to help her throughout the surrogacy,
8. Surrogate must have reliable transportation for appointments, whether they have their own vehicle or use a ride share service such as Lyft.
9. Surrogate must NOT have had any major complications during previous pregnancies or deliveries.

What is the criteria for being intending parent?

1. Between the ages 21-60
2. Financially Secure
3. Be in a stable living arrangement
4. Have the support of your spouse/partner (when applicable) or close friends and family
5. Respectful attitude toward the Surrogate and of her time and commitment
6. Be willing and prepared to have open and honest conversations
7. Have a general understanding of the Gestational Surrogacy process
8. Complete all paperwork in full and in a timely manner
9. Be willing to undergo a Psychological Assessment
10. No Criminal history
11. Be excited and enthusiastic! This process will be one of the most meaningful events in your life.

Can a foreign couple commission surrogacy in India?

Yes they can, by following guidelines mentioned below “Any person seeking a visa to India for purpose of entering into a surrogacy arrangement must ascertain beforehand whether the law of that country permits surrogacy and will provide appropriate travel documents to the child for accompanying the surrogate parents. Entering into surrogacy arrangement under any other visa not sought for surrogacy is punishable under the Indian law” Therefore, medical visa may only be granted if the following conditions are fulfilled:-

• The foreign man and woman are duly married and the marriage should have sustained at least for two years.
• A letter from the Embassy of the foreign country in India or the Foreign Ministry of the country should be enclosed with the visa application stating clearly that

1. the country recognizes surrogacy and
2. the child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child/children of the couple commissioning surrogacy.

• The couple will furnish an undertaking that they would take care of the child/children born through surrogacy.
• The treatment should be done only at one of the registered ART clinics recognized by ICMR.
• The couple should produce a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother.

How important is surrogacy agreement?

It is important to have the surrogacy agreement entered by the parties before proceeding with the medical procedures so as to protect the legal rights of both the parties.