Surrogacy Agreement under SRA 2021
Quick Answer
A Surrogacy Agreement is a legally binding contract between intended parents and a surrogate mother, governed by the Surrogacy (Regulation) Act, 2021 (SRA 2021). This agreement outlines the rights, obligations, and compensation terms, and is essential for establishing legal parentage.
Surrogacy Agreement under SRA 2021 — detailed explanation below
Governing Act — Surrogacy Agreement
The Surrogacy (Regulation) Act, 2021 (SRA 2021) is the primary legislation governing surrogacy agreements in India. It mandates that all surrogacy arrangements must be altruistic, meaning no commercial compensation beyond medical expenses and insurance. The Act also requires that the surrogate be a close relative of the intended parents, and that the intended parents obtain a certificate of eligibility from the appropriate authority.
Government Department & Website for Surrogacy Agreement
The Ministry of Health and Family Welfare, Government of India, oversees the implementation of the SRA 2021. The official website for surrogacy-related applications and information is surrogacy.gov.in. State-level authorities, such as the State Appropriate Authority, also handle registration and compliance.
Surrogacy Agreement Application Process
The process begins with the intended parents and the surrogate entering into a written surrogacy agreement, which must be registered with the appropriate authority. The agreement must include details of medical expenses, insurance coverage, and consent of all parties. After registration, the surrogate undergoes medical procedures, and upon birth, the intended parents obtain a birth certificate naming them as legal parents. A child custody lawyer can assist in drafting and registering the agreement to ensure compliance with SRA 2021.
Key Forms Required for Surrogacy Agreement
The key forms include: (1) Application for Certificate of Eligibility (Form A), (2) Surrogacy Agreement Form (Form B), (3) Consent Form from the surrogate and her spouse (Form C), and (4) Medical Certificate of the surrogate (Form D). These forms are prescribed under the Surrogacy (Regulation) Rules, 2022.
Eligibility Criteria for Surrogacy Agreement
Under SRA 2021, intended parents must be Indian citizens, married for at least five years, and have a medical condition necessitating surrogacy. The surrogate must be a close relative, aged 25-35, married with at least one child of her own, and can act as a surrogate only once in her lifetime. Both parties must obtain a certificate of eligibility from the appropriate authority.
Timeline for Surrogacy Agreement
The timeline for completing a surrogacy agreement varies based on medical and legal procedures. The process includes drafting and registering the agreement, medical screening, and the surrogacy period. No specific duration is prescribed by law, and each case is unique.
Fees for Surrogacy Agreement
The government-prescribed fees for surrogacy-related applications are as follows:
| Service | Fee (INR) |
|---|---|
| Application for Certificate of Eligibility | 5,000 |
| Registration of Surrogacy Agreement | 2,000 |
| Appeal to State Government | 10,000 |
Note: These fees are subject to change. No commercial compensation is permitted; only medical expenses and insurance are allowed.
Frequently Asked Questions
What is a Surrogacy Agreement under SRA 2021?
A Surrogacy Agreement is a written contract between intended parents and a surrogate mother, governed by the Surrogacy (Regulation) Act, 2021. It outlines the terms of the surrogacy arrangement, including medical expenses, insurance, and consent, and must be registered with the appropriate authority.
Who can enter into a Surrogacy Agreement in India?
Intended parents who are Indian citizens, married for at least five years, and have a medical need for surrogacy can enter into a Surrogacy Agreement. The surrogate must be a close relative, aged 25-35, married with at least one child, and can only act as a surrogate once.
Is a child custody lawyer needed for a Surrogacy Agreement?
While not mandatory, consulting a child custody lawyer is advisable to ensure the Surrogacy Agreement complies with SRA 2021 and to address any potential disputes regarding parentage or custody. A lawyer can help draft and register the agreement correctly.
What are the key forms required for a Surrogacy Agreement?
Key forms include Form A (Application for Certificate of Eligibility), Form B (Surrogacy Agreement), Form C (Consent of surrogate and spouse), and Form D (Medical Certificate). These are prescribed under the Surrogacy (Regulation) Rules, 2022.
Can a Surrogacy Agreement be challenged in court?
Yes, a Surrogacy Agreement can be challenged if it violates the SRA 2021, such as involving commercial compensation or if the surrogate was not a close relative. A child custody lawyer can represent parties in such disputes.
What happens if the surrogate mother refuses to hand over the child after a Surrogacy Agreement?
Under SRA 2021, the intended parents are the legal parents. If the surrogate refuses, the intended parents can approach the court for enforcement of the agreement. A child custody lawyer can assist in filing a petition for custody.
Share this page