In the context of surrogacy in India, a “surrogacy advocate” or “surrogacy lawyer” refers to a legal professional specializing in the legal aspects of surrogacy arrangements, particularly altruistic surrogacy, helping intended parents and surrogate mothers navigate the legal requirements and contracts.

Role of a Surrogacy Advocate:

Legal Guidance: They provide expert legal advice and guidance to both intended parents and surrogate mothers throughout the surrogacy process, ensuring that all parties’ rights and obligations are protected.

Contract Drafting: They help in preparing and reviewing surrogacy contracts that comply with the Surrogacy (Regulation) Act, 2021, and other relevant regulations.

Legal Compliance: They ensure that the surrogacy arrangement adheres to all legal requirements, including eligibility criteria for intended parents and surrogate mothers, and the prohibition of commercial surrogacy.

Litigation Support: In case of disputes or legal issues arising during the surrogacy process, they can represent the parties in court.

Key Legal Aspects:

Surrogacy (Regulation) Act, 2021: This Act regulates surrogacy in India, allowing only altruistic surrogacy (where the surrogate mother does not receive financial compensation).

Eligibility Criteria: The Act specifies the eligibility criteria for intended parents and surrogate mothers, including their medical conditions and family status.
Contractual Agreements: Surrogacy arrangements are governed by contracts that outline the terms and conditions of the arrangement, including the rights and obligations of all parties.

Prohibition of Commercial Surrogacy: The Act prohibits commercial surrogacy, meaning that surrogates cannot be paid for carrying a child.