Surrogacy is an arrangement wherein a person carries and gives birth to another person, often for couples who are unable to get pregnant. After birth, the guardianship and custody of the baby is given to the intended parent or parents. The procedure of undergoing surrogacy must conform with legal and medical regulations prevalent in the jurisdiction. The including parties are the person who carries and gives birth to the baby and the person(s) who receive legal guardianship of the baby after birth. There are two types of surrogacies - traditional and gestation.
Our experienced lawyers at India Law Offices LLP provide a nuanced understanding of the rights and obligations attached to surrogacy in India. Our lawyers are well versed with The Surrogacy (Regulation) Act 2021 – the primary surrogacy legislation in India. The Act sets out certain conditions for undertaking surrogacy and our lawyers will advise you on the compliance of these conditions in the event of undergoing surrogacy. Our team has an advanced understanding of the type of surrogacy that is permissible and those, which are prohibited under law. This ensures that our clients are not caught in any illegal act, inadvertently. We help in preparing a well drafted surrogacy contract that ensures the satisfaction of all involved parties. Our team can help prepare the necessary eligibility certificates and other documents that are needed in seeking surrogacy. Subsequently, our lawyers help in obtaining the order of parentage and custody of the surrogate child by the Magistrate Court. During the surrogacy process, our team of lawyers will ensure that your rights and interests are not breached in any way. Our teams aim to establish parental rights for the guardian parents as soon as possible.
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