Commercial surrogacy has been legal in India since 2002.
Surrogacy in India is relatively low cost and the legal environment is favorable. In 2008, at present the Surrogacy Contract between the parties and the Assisted Reproductive Technique ART Clinics guidelines are the guiding force. Giving due regard to the apex court directions, the Legislature has enacted ART BILL, 2008 which is still pending and is expected to come in force somewhere in the next coming year.
The following observations had been made by the Law Commission: -
- A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
- One of the intended parents should be a donor as well, because the bond of love and affection with a child primarily emanates from biological relationship.
- Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parents without there being any need for adoption or even declaration of guardian.
- The birth certificate of the surrogate child should contain the names of the commissioning parents only.
- Right to privacy of donor as well as surrogate mother should be protected.
- Sex-selective surrogacy should be prohibited.
- Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.