1. What is a Surrogacy Arrangement?

Surrogacy arrangement is an understanding arrived between the surrogate mother and the intended parents, where the surrogate mother carries a child which is genetically unrelated to her.

2. What is commercial surrogacy?

Commercial Surrogacy is wherein the surrogate mother is paid to carry a child to the term in her womb. The payment is made to the surrogate mother on an understanding that she shall carry the child to the term and then hand over the child to the Intended Parents. This understanding arises out of a contract between the surrogate and the Intended Parent. All commercial aspect with regard to surrogacy is best to be decided between the surrogate and the Intended Parents.

3. What is the legal position in India with regard to commercial surrogacy?

The Indian Council for Medical Research has given out guidelines relating the surrogacy process in India. The guidelines are available here. As per the guidelines, Commercial Surrogacy is to be legal and further regulations have been given as to how to perform surrogacy in India. Apart from the guidelines issued by the Indian Council for Medical Research, the Supreme Court of India has in Manji’s case held Commercial Surrogacy to be legal in India. This has been a great encouragement to surrogacy in India. The Law Commission of India has recently in the year 2009, come out with recommendations over the draft law.

4. What is surrogacy agreement?

A surrogacy agreement is an agreement entered between the surrogate mother and the Intended Parent, making their intentions clear with regard to each of their roles for performing the surrogacy. The surrogacy agreement should contain all aspects of their relationship between the intended parents, surrogate mother and the child. The contents of the agreement include the payment module to the surrogate mother. The contract phase of the surrogacy agreement finalizes the monetary reward to the surrogate to be paid by the intended couple for the service rendered by the surrogate.

In simple words, the agreement demarcates the liability of the Surrogate and Intended Parent upon which either of the parties to the agreement has agreed upon. The Surrogate and Intended parents are required to sign the Surrogacy Agreement after clearly understanding the contents of the agreement.

5. What is the purpose of a Surrogacy Agreement?

Surrogacy in India is merely a contractual understanding entered into by the parties and the functions of this lies in the Surrogacy Agreement. Since there are no laws concerning surrogacy, the only key element which binds the conduct of the parties to the surrogacy is the Surrogacy Agreement. A sound and well drafted Surrogacy Agreement shall help the parties understand their role better and shall be instrumental in avoiding a lot of problems. Moreover, the Surrogacy Agreement is the document in which the parties to the agreement would be able to state, to one another, their intentions and responsibilities for entering into surrogacy. The Agreement will clearly state that the surrogate does not intend on parenting any resulting child and does not wish to have physical or legal custody of any resulting child. The Surrogacy Agreement defines the rights and responsibilities of the assisted parents.

Moreover, any other details which the parties have understood between themselves shall form part of the Agreement.

6. Who are all the parties to Surrogacy Agreement?

The Parties to the Surrogacy Agreement are,

(i) The Intended Parents

(ii) The surrogate

7. Who are the other parties who might be required to sign the surrogacy agreement?

It is mandatory that the Intended Parents and the Surrogate mother sign the Surrogacy agreement. Indian Surrogacy Law Centre recommends that the spouse of the Surrogate Mother also signs the agreement, so as to show his acknowledgement to the surrogacy agreement. Also, the intended parents may appoint a person who shall be named in the agreement, who shall take the child into his possession, in an event of uncertainty over the actual Intended Parents’ possibility of taking custody of the child.

8. Who should draft the Surrogacy Agreement?

The Surrogacy Agreement has to be drafted by a lawyer expert in the field of surrogacy law, who is enrolled with Bar Council of India, who can understand in-depth the issues in surrogacy. The lawyer is also required to be sensitive to the happenings in the fields and would be able to foresee the difficulties that might arise in the execution of the surrogacy agreement.

9. Should I be in India to sign the Surrogacy Agreement?

It is not required that the Intended Parents should be in India for signing of the Surrogacy Agreement. The Intended Parents can very well sign the Agreement before the designated authority in their respective State and the other Parties can sign it from India. For more information on this, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

10. What is the effect of Surrogacy Agreement?

The effect of the Surrogacy Agreement is binding the parties to it within the scope of the contract which they have entered and bound themselves. This contract will control the acts done by the parties during the time of gestation.

11. Is the Surrogacy agreement enforceable in the Courts?

Surrogacy Agreements are enforceable in the Indian Courts with regard to certain aspects. The Supreme Court has in the Manji’s Case held that the Surrogacy Agreements are valid in India. Moreover, there is no restrictions as in India (as it is many other country) for the enforceability of the Surrogacy Agreements in the Indian Courts. However, the issue is yet to attain a completely clear view.

12. What is Surrogacy Arrangement Agreement?

Surrogacy Arrangement Agreement is entered between the Intended Parents and the Hospital/agency agreeing the terms and conditions which determine the conduct of the parties during the surrogacy program. This agreement shall cover details such as the fee structure, payment schedule, mode of payment, dates of the procedures, medical tests to be done, dates for implantation of the embryos and other medical procedures. We shall be providing you with unlimited back up till the time you sign the agreement. Moreover, this agreement is enforceable and the Intended Parents are assured of getting those services as per the Surrogacy Arrangement Agreement.

13. What is legal counseling to the surrogate mother and what is the purpose of it?

The surrogates undergo a very different path and it is important that they are made aware of their legal rights and liabilities over the issue of surrogacy, so that it is possible for the surrogate to act in a more independent and understanding manner. The surrogate has to sign an agreement called Surrogacy Agreement for acting as a carrier for the period of gestation. It is most important that the surrogate knows what is there in the document and what will be the legal result of she being a surrogate.

With this understanding by the surrogate, in the interest of the intended parents, so that the surrogate does not claim on a later date that she never knew what was stated in the Agreement. This legal counselling should be provided to the surrogate in all cases of the Surrogacy Agreements for the Surrogacy Agreement itself to take effect.

14. Can surrogacy be interfered in any Court of Law?

Surrogacy Agreement, like any other agreement can well be interfered in a Court of Law. The Supreme Court of India which is the Apex Court in India has held that commercial Surrogacy Agreements to be followed in India in a case decided by it in the year 2008. For more details about this case, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

15. Is it necessary that I should get all your services or can I pick only few of the services?

All the services of ISLC can be chosen individually.

16. How many times is it required to come down to your office?

Since most of our work is done online your physical presence in our office is not required for providing services. However, you are most welcome to our office by fixing an appointment. Please make your request for appointment to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

17. Is it possible that I can meet the surrogate mother/egg donor?

ISLC requires you to meet the surrogate before you enter into the surrogacy agreement. In case of egg donor the details other than the identity will be revealed.

18. How do I get to choose a surrogate mother from your database?

Firstly, you will be presented with the surrogate details except for their contact details. Once they meet your requirements and pay-band you are free to make a request to meet the surrogate mother. The surrogate mother shall be contacted and she shall made ready for a meeting with you. Where the Intended Parents prefer to have the meeting over the internet, a video conferencing shall be arranged.

19. Do you maintain a database of egg donors too?

Yes, we do maintain a database of egg donors.

20. How do you usually source the surrogate/egg donor?

Surrogate mothers and egg donors are free to approach us if they get to know about us through online. We also source surrogates/egg donors by presenting advertisements in the magazines and newspapers (this is the recommended method found in ICMR guidelines).

21. Would a lawyer be present with me when I am meeting the surrogate for first time?

Yes, a lawyer from Indian Surrogacy Law Centre would be present with you when you meet the surrogate for the first time.

22. Who all should be present during the first meeting with the Surrogate Mother?

During the first meeting with the surrogate mother, the intended parents, surrogate mother and her spouse (if any) or anyone from surrogate’s family and a lawyer should be available.

23. What if the meeting does not materialize and we do not take her to be our surrogate?

f your meeting does not materialize with the surrogate mother chosen by you, meeting with another surrogate will be arranged.

24. What are the formalities that I should perform as to enroll myself as an Intended Parent for engaging you to find the surrogate mother?

Firstly, you can contact us for the purpose of getting an application form for the Intended Parents. We would be guiding you in completing the application form.

Secondly, the application form has to be submitted and it has to be scrutinized by the officials to make sure that it has been completed and it is a valid one.

Thirdly, upon scrutiny, our office would be contacting you for obtaining further information from you.

Fourthly, our officials will discuss with you what are the services required from our side for following up in India. On payment of the appropriate fees you shall be considered, enrolled and then you shall have access to the database with the surrogate mother. Please note that the initial payment shall help you gain access with three qualified surrogates according to ISLC standards. If you prefer to choose to look for more surrogates, the same has to be arranged through our database.

25. Where should I be located to avail your services?

Indian Surrogacy Law Centre has preferred to make its services available online and thereby, available worldwide. We are on expansion mode spreading ourselves by setting up office through out India and in other countries also. But simple geographical location of our client is not of botheration, as all of our services may be provided online.

SURROGATES: 

26. Is there a medical testing for the Surrogate?

Indian Surrogacy Law Centre does not evaluate the surrogate mother medically. ISLC’s services covers only the legal aspect of surrogacy. Once you have met the surrogate mother (either online or otherwise) you may have the surrogate mother medically tested by your doctor. A surrogate mother who does qualify medically shall be compulsorily rejected.

27. Do you maintain database of egg-donor?  

Indian Surrogacy Law Centre has got few egg donors in its database. But usually, the Intended Parent would prefer egg donor with physical attributes as decided by them. In such cases, we encourage the Intended Parents to go in for an advertisement for egg-donors so as to enable you to get the right donor.

28. What level of contact that I should maintain with the surrogate?

The level of contact that should be maintained with the surrogate shall be decided by you and the surrogate at the time of the agreement.

COMPENSATION:

29. What is the compensation for the surrogates?

The surrogates and the intended parents have to decide the appropriate remuneration for the surrogate mother, after having a detailed discussion with the surrogate mother and her husband. According to the ICMR guidelines, the help of a lawyer may also be sought for in order to make a thorough and effective remuneration for the surrogate.

30. Broadly speaking, what are the expenses involved in Surrogacy?

The major three expenses would be

(i) medical cost

(ii) the remuneration for the surrogate and

(iii) the legal expenses

31. How do we fix the compensation for a surrogate mother?

As stated above, the ICMR guidelines have authorized law firms to help the Intended Parents and the Surrogates arrive at a proper compensation mutually.

32. What are the stages in which the compensation is paid to the surrogate mother?

Surrogate mother shall be compensated by a sum as decided between the surrogate mother and the intended parents. This sum would be paid in installments to the surrogate according to the understanding arrived at between the parties. Usually the first payment is made before the surrogate mother becomes pregnant and at every trimester.

33.  What if the surrogate does not accept an amount which we can afford?

It is important for the intended parents to understand the mind set of a surrogate mother at the time of fixing of the compensation. It is better for the Intended Parents to look for some other surrogate if a surrogate is demanding more money than the intended parents can afford.

34. How the compensation to the surrogate mother made enforceable?

The compensation to surrogate mother may be made enforceable by way of enforcing of the surrogacy Contract in a Court of law.

35. What is the compensation that has to be paid in case of miscarriage

  This has to be agreed between the parties in the surrogacy contract itself.

36. Who will take custody of the child if both of us die during pregnancy if we die during the term of pregnancy

  The Intended parents need to nominate some one as the Guardian who shall receive the child at circumstances, when the IP are not there or that they are not able to receive the child. The Guardian shall also counter sign in the agreement to effect to the clause.

37. What are the precautions that should be adopted before making payment to the surrogate?

It is important that the Intended Parent realize that all the payments which are made to the surrogates should be made through cheques or demand drafts and available for scrutiny on a later date. For more details on the formalities to be performed before making the payment, you can contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .