LEGAL DOCUMENTS IN SURROGACY
In commercial surrogacy, medical costs are reimbursed to surrogate mother and surrogate is paid for her gestational services. In altruistic surrogacy, friend or acquaintances or relative can be a surrogate mother and is compensated for pregnancy related medical cost and loss of income during pregnancy.
Process of surrogacy involves various steps. One of the important steps is counselling of patient and surrogate, legal requirements, financial contracts and transparency of arrangements.
Patients with medical indication only are considered for surrogacy. While selecting the patient consultation and counselling on all aspects of the treatment are carried out.
Couples and individuals who want to consider surrogacy, should research and study surrogacy laws and should even consult surrogacy professionals to truly understand surrogacy.
Counselling
It is very crucial part of surrogacy arrangement. All the parties must counsel enough that they can develop trust in each other and can enter in the agreement with comfort and confidence. Genetic couple should be counselled for alternative options other than surrogacy along with practical difficulty, cost of treatment, legality involved in gestational surrogacy, psychological risk involved and possibility of birth of abnormal child.
On the other hand, surrogate must be counseled for detailed treatment by IVF surrogacy, possibility of multiple pregnancies, opposition by family and friends, risk associated with pregnancy and possibility of cesarean section and possibility of sense of bereavement while giving baby to the genetic parents.
Legal Requirements, Financial Contracts, and Transparency of Arrangement
A legal contract is drafted and signed by the surrogate and intended parents once they decide to move forward. Attorney of each party ensures that legal interests are represented and protected for everyone.
Documents needed from the surrogate:
1. Aadhar card, voter Id for identification,
2. School leaving certificate / Birth certificate for age verification,
3. Marriage certificate, divorce certificate if divorced, and if widow, then death certificate of husband.
Documents needed from the couple or single parent:
1. Identity proof of both couples
2. Address proof ( Aadhar card, voter ID or passport) and
3. Marriage certificate.
As per ART Guideline 2014, funds are transferred to the bank account of the surrogate mother at different stages starting from signing of the agreement till the baby (ies) is / are handed over to the intended parents.
List of various consent forms to be filled in relation to surrogacy –
FORM J
Agreement for surrogacy
FORM M2
Information on surrogate
FORM O
Record of surrogates
FORM R2
Contract between ART bank and the surrogate
FORM S
Contract between ART bank and the patient
FORM U
Contract between the patient and the surrogate
Download link – THE ASSISTED REPRODUCTIVE TECHNOLOGIES (REGULATION)
BILL – 2010
https://main.icmr.nic.in/sites/default/files/guidelines/ART%20REGULATION%20Draft%20Bill1.pdf