As an Indian citizen married for 15 years, I’m 35 years old and have a history of documented infertility. We had twin boys through gestational surrogacy five years ago using frozen embryos. Now, my husband and I want to have another child using our remaining frozen embryos through surrogacy again. I have two questions: 1. Since the Surrogacy Bill of 2016 hasn’t been enacted yet, can I proceed with the surrogacy process? 2. If the bill is passed during my potential pregnancy, what are the legal implications?

Apni Law
Apni Law
Law Forum › Category: Family › As an Indian citizen married for 15 years, I’m 35 years old and have a history of documented infertility. We had twin boys through gestational surrogacy five years ago using frozen embryos. Now, my husband and I want to have another child using our remaining frozen embryos through surrogacy again.

I have two questions:

1. Since the Surrogacy Bill of 2016 hasn’t been enacted yet, can I proceed with the surrogacy process?
2. If the bill is passed during my potential pregnancy, what are the legal implications?

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Apni Law Staff asked 3 years ago

As an Indian citizen married for 15 years, I’m 35 years old and have a history of documented infertility. We had twin boys through gestational surrogacy five years ago using frozen embryos. Now, my husband and I want to have another child using our remaining frozen embryos through surrogacy again.

I have two questions:

1. Since the Surrogacy Bill of 2016 hasn’t been enacted yet, can I proceed with the surrogacy process?
2. If the bill is passed during my potential pregnancy, what are the legal implications?

1 Answers
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Best Answer

Apni Law Staff answered 3 years ago

The Surrogacy (Regulation) Bill, 2016 is yet to be enacted, leaving a legal vacuum regarding surrogacy in India. As such, your current situation might be considered permissible, but there’s no clear legal framework. If the bill is passed during your potential pregnancy, it may retroactively affect your situation, potentially leading to legal challenges regarding the child’s parentage and your legal rights as a parent.

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