Medico Legal


www.technolegals.com
                                            Surrogacy Laws in India

Surrogacy Laws in India are going through phase of transition, with Government of India working on creation of Legislation to regulate Surrogacy and 
Assisted Reproductive Technologies (ART) clinics in India. Presently National Guidelines for Accreditation, Supervision & Regulation of 
ART Clinics in India, framed by ICMR ( Indian Council for Medical Research) are source of legal elements related to Surrogacy. Written Surrogacy Agreement in accordance to these ICMR guidelines is must for every commissioning couple expecting child through Surrogacy. In accordance to ICMR Guidelines, Law firms and semen banks only shall maintain information on possible oocytes donors and surrogate mothers & are authorized to provide Surrogate mothers. 

Union of India is taking steps to position India as a legally risk-free destination when it comes to international surrogacy arrangements. The Indian Government is implementing legal mechanisms to ensure that the child born out of surrogacy arrangement in India would have a safe passage back home. Though such measures have affected few nationals, it could be considered legally safe in the long run for surrogacy in India.                                                  
Ministry of Home Affairs (MHA) has issued detailed guidelines for issue of Indian VISA for the purpose of Surrogacy.

As per these guidelines, the appropriate visa category is medical visa and not Tourist visa. Indian assisted Reproductive Technologies (ART) clinics are prohibited from accepting samples without the presence of the couples in India with proper medical visa. In addition action could be initiated against such ART clinics in the event they admit any cases for surrogacy without ensuring the fulfilment of the all conditions and submission of undertakings as stipulated by Ministry of Home Affairs.


How Techno Legals LLP can assist couples:
 
Techno Legals LLP has team of experienced attorneys to assist couples who intend to make India as their destination in quest to have child through Surrogate Mothers. We provide following services to commissioning couples:
 
Immigration and Visa Advice
Our team of professional immigration attorneys, assist couples procure medical visa for the purpose of Surrogacy. For grant of such medical visa, guidelines framed by Ministry of Home Affairs (MHA) have to be complied.  We counsel, advice & assist couples to understand requirements to procure medical visa for Surrogacy in India, assist couples in procuring relevant documents, compliance with other local laws and check that clinic chosen by commissioning couples is registered & recognized by ICMR ( Indian Council for Medical Research). After the birth of child, we assist commissioning couples, to procure all legal documents including birth
 

Drafting Surrogacy Agreements
Our team of professional attorneys assist couples by drafting Surrogacy Agreements between the Surrogate and couple, in accordance to guidelines framed by ICMR ( Indian Council for Medical Research). Such agreement covers all aspects relating to relationship between surrogate mother and couple including financials, insurance requirements, financial aid and more importantly right of commissioning couple over the child.  We also assist couples in drafting formal agreement with the  prospective clinic, so that the requirements and expectations of couple from clinic are governed by a written Agreement.
 

Choice of Surrogate Mother
In accordance to 2005, ICMR Guidelines, Law firms and semen banks only shall maintain information on possible oocytes donors and surrogate mothers and are  authorized to provide Surrogate mothers. Techno Legals LLP can help you identify a prospective Surrogate mother for your Prospective child. We act as a bridge between Surrogate mother and commissioning couples and secure interest of commissioning couples as well as prospective Surrogate mother in accordance to law,  and guidelines framed by ICMR.
In the event commissioning couple has its own choice of Surrogate mother, we act as legal representative of commissioning couple, to secure the interest of couple and make sure that Surrogate chosen by commissioning couples is competent to act as surrogate and sign Surrogacy Agreement. We further on behalf of commissioning couples, make sure that Surrogate has requisite consent of her family. We further counsel Surrogate and her immediate family against any other legal implications which may arise out of surrogacy Agreement so that interest of couples are secured during the complete cycle of Surrogate motherhood.
 

Choice of Clinic
We on behalf of couples identify the right clinic for couples which is registered and recognized by ICMR, in accordance to ICMR guidelines. In a foreign country it becomes difficult for couples to identify right clinic which is authorized in accordance with law, which has proven track record successful IVF & other ART  procedures. We have tied up with prestigious clinics which have excellent track record.
We at Techno Legals LLP believe that commissioning couples should be free to compare services and commitments offered by ART clinics. In the event couple intends to choose clinic & doctor of its own choice, we on behalf of couple, make inquires about recognition of clinic and its past track record in satisfactory service  delivery. We on behalf of couple make agreement between clinic and couple so as to safeguard rights of couple and delivery of whatever committed.
   

Exit Documents & other Documentation
Post birth of child, we assist couples in procurement of Birth Certificates / Apostille, required to exit visa of child. We draft requisite affidavits, declarations. We assist couples with FRO documentation submission requirements, and procure necessary clearance from FRO, essential for exit visa. We further assist couples in to file all other forms related with citizenship and passport (including collection of documents, administrative work & documents delivery).

 
Other Legal Services
We at Techno Legals LLP from our past experience know that in case of Surrogacy, legal implications may arise, due to some deficiency in service by clinic, or some issue created by Surrogate or her immediate family. We take care of all such eventualities, and assist couples as need arises. We procure appropriate orders     including injunction orders from local courts in favour of couples. From our past experience we know that legal implications may arise during documentation process for exit visa and/or home country of couple not recognizing the child, and hence decline to issue passport to child. We take care of all such situation and assist couples, in liaison with government officials and embassies of home country of couples. In the event any order from the courts situated in home country is required our attorneys are willing to appear and procure appropriate orders in favour of couple from their home country.



How Techno Legals LLP can assist ART Clinics: