How surrogacy is approved in Indiaभारत में सरोगेसी की मंज़ूरी कैसे मिलती है

[Print on non-judicial stamp paper of the value required in your State – verify with the Sub-Registrar / stamp vendor, e.g. in some States Rs. 20 for an affidavit and Rs. 100 for an agreement – and get it notarised / attested.]

JOINT AFFIDAVIT OF THE INTENDING COUPLE(No surviving child, age and citizenship)We, [NAME OF HUSBAND], aged [AGE] years, son of [FATHER'S NAME], and [NAME OF WIFE], aged [AGE] years, wife of [HUSBAND'S NAME], both residing at [FULL ADDRESS], holding identity proof [ID TYPE – NUMBER] and [ID TYPE – NUMBER], do hereby solemnly affirm and declare as under:
1. That we are Indian citizens and are legally married to each other since [DD/MM/YYYY].2. That on the date of certification the wife is aged [AGE] years (between 23 and 50) and the husband is aged [AGE] years (between 26 and 55), as required by Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021.3. That we have no surviving child, whether biological, through adoption or through surrogacy earlier, as required by Section 4(iii)(c)(II) of the Act.4. [ONLY IF IT APPLIES – otherwise delete] That we have a child who is mentally or physically challenged / suffers from a life-threatening disorder or fatal illness with no permanent cure, namely [DETAILS], and we are seeking approval of the Appropriate Authority on the medical certificate of the District Medical Board, as allowed by the proviso to that Section.5. That we have not been granted, and have not applied elsewhere for, a certificate for surrogacy, except [NONE / DETAILS].6. That this affidavit is made for production before the District Medical Board, the Appropriate Authority and the Magistrate in connection with surrogacy.
VERIFICATIONVerified at [PLACE] on [DD/MM/YYYY] that the contents of this affidavit are true and correct to the best of my/our knowledge and belief, and nothing material has been concealed.

DEPONENT 1 (HUSBAND)Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

DEPONENT 2 (WIFE)Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

Drafting note (delete before use): Use the ages on the date of certification. Keep paragraph 4 only if it applies. If your State gives its own format, use that.

[To be sworn before a Metropolitan Magistrate or a Judicial Magistrate of the First Class, as required by Rule 5(2) of the Surrogacy (Regulation) Rules, 2022. Print on stamp paper of the value required in your State.]

AFFIDAVIT OF THE INTENDING COUPLE(Insurance and guarantee for the surrogate mother)We, [NAME OF HUSBAND], aged [AGE] years, and [NAME OF WIFE], aged [AGE] years, both residing at [FULL ADDRESS], holding identity proof [ID TYPE – NUMBER] and [ID TYPE – NUMBER], do hereby solemnly affirm and declare as under:
1. That we are the intending couple, legally married to each other, and eligible under the Surrogacy (Regulation) Act, 2021.2. That we have purchased / shall purchase before the embryo transfer a general health insurance policy in favour of the surrogate mother, [NAME OF SURROGATE], for a period of thirty-six (36) months, from an insurance company or agent recognised by the Insurance Regulatory and Development Authority of India (IRDAI).3. That the cover is sufficient for all expenses for complications arising out of pregnancy and for post-partum delivery complications, as required by Section 4(iii)(a)(III) of the Act and Rule 5(1) of the Rules.4. Insurance company: [NAME]; Policy number: [POLICY NO.]; Sum insured: Rs.[AMOUNT]; Period: [FROM] to [TO].5. That we guarantee compensation for any loss, damage, illness or death of the surrogate mother incurred during the process of surrogacy, as described in Section 2(1)(q) of the Act.6. That we shall bear the premium ourselves and shall not recover it from the surrogate mother.7. That this affidavit is made for production before the Appropriate Authority and the competent court.
VERIFICATIONVerified at [PLACE] on [DD/MM/YYYY] that the contents of this affidavit are true and correct to the best of my/our knowledge and belief, and nothing material has been concealed.

DEPONENT 1 (HUSBAND)Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

DEPONENT 2 (WIFE)Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

Sworn before me: ____________________  Metropolitan Magistrate / Judicial Magistrate First Class
Drafting note (delete before use): Attach a copy of the policy. Check that the period starts before the embryo transfer and that the surrogate is named as the insured person.

[Print on non-judicial stamp paper of the value required in your State – verify with the Sub-Registrar / stamp vendor, e.g. in some States Rs. 20 for an affidavit and Rs. 100 for an agreement – and get it notarised / attested.]

CONSENT OF THE SURROGATE MOTHER AND AGREEMENT FOR SURROGACY(Supplementary agreement. The clinic must also complete Form 2under Rule 7 of the Surrogacy (Regulation) Rules, 2022.)This agreement is made at [PLACE] on [DD/MM/YYYY] between: (1) [NAME OF HUSBAND] and
(2) [NAME OF WIFE], residing at [ADDRESS] (the "Intending Couple"); and (3) [NAME OF SURROGATE], aged [AGE] years, wife of [NAME OF HER HUSBAND], residing at [ADDRESS], Aadhaar [NUMBER], mother of [NUMBER] child/children aged [AGES] (the "Surrogate Mother"); treating doctor [NAME], registered surrogacy clinic [NAME AND REGISTRATION NO.].
1. The Surrogate Mother is ever-married, has a child of her own, is aged between 25 and 35 years on the day of implantation, is a willing woman, and consents freely to act as surrogate for the Intending Couple on a purely altruistic basis. Relationship to the couple: [NONE / DETAILS].2. She has not acted as a surrogate mother before and shall not provide her own egg for this surrogacy (Section 4(iii)(b) of the Act).3. Gametes: [DELETE ONE: (a) the egg and sperm of the Intending Couple / (b) one gamete of the Intending Couple and a donor gamete, where the District Medical Board has certified the medical need, as allowed by the Rules as amended in 2024].4. The treatment steps, the drugs needed to prepare her uterus, and the risks have been explained to her in a language she understands. She may withdraw her consent before the embryo is implanted (Section 6 of the Act).5. She understands that pregnancy is not guaranteed and that a normal, live child cannot be guaranteed.6. Both genetic parents have been screened for HIV, hepatitis B and C and other sexually transmitted infections, and she has been told of the small window-period risk. She has tested negative for HIV and hepatitis B and C before the embryo transfer.7. Not more than three attempts shall be made on her (Rule 6), and normally one embryo is transferred in a cycle (Rule 8).8. No money, fee, reward or other benefit is payable to her, other than medical expenses and the 36-month insurance cover paid directly by the Intending Couple.9. She shall not be asked to undergo any test to find the sex of the child and may refuse such a test.10. Termination of pregnancy shall be only with her written consent and the authorisation of the Appropriate Authority, in line with the Medical Termination of Pregnancy Act, 1971 (Section 10 of the Act).11. She shall follow the clinic's medical advice and attend all check-ups, and shall inform the clinic of the outcome of the pregnancy.12. She shall hand over the child to the Intending Couple as soon as the hospital permits and shall have no claim of parentage or custody. The child shall be deemed the biological child of the Intending Couple (Section 8 of the Act).13. The Intending Couple shall accept the child and shall not abandon the child for any reason, including any defect or disorder, or the sex of the child (Section 7 of the Act).14. If the Intending Couple die, separate or are unavailable, the child shall be handed over to [NAME(S) OF GUARDIAN/GUARANTOR], who have agreed in writing before the embryo transfer.15. Her husband has given written consent (separate affidavit).16. All parties shall keep identities and medical information confidential, except as required by law.17. This agreement is subject to the Surrogacy (Regulation) Act, 2021 and the Rules; any clause contrary to law is void. Disputes go to the Appropriate Authority / competent court at [PLACE].
INTENDING HUSBAND
Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

INTENDING WIFE
Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

SURROGATE MOTHER
Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

HUSBAND OF SURROGATE MOTHER (consenting)
Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

Explained and witnessed by the clinic: Doctor [NAME, SIGNATURE]; Clinic witness [NAME, ADDRESS, SIGNATURE]; Clinic [NAME, ADDRESS, SEAL]
Drafting note (delete before use): This does not replace the statutory Form 2, which the clinic completes and the parties sign. Keep both consistent and have a lawyer check them.

[Print on non-judicial stamp paper of the value required in your State – verify with the Sub-Registrar / stamp vendor, e.g. in some States Rs. 20 for an affidavit and Rs. 100 for an agreement – and get it notarised / attested.]

AGREEMENT FOR MEDICAL EXPENSESThis agreement is made at [PLACE] on [DD/MM/YYYY] between the Intending Couple, [NAMES], and the Clinic, [NAME OF REGISTERED SURROGACY CLINIC], with [NAME OF SURROGATE] named as the person for whose treatment expenses are incurred.
1. The Intending Couple shall bear all medical expenses related to the surrogacy procedure, antenatal care, delivery and post-delivery complications, as per the clinic's estimate of Rs.[AMOUNT] (approximate; actuals apply).2. Payments shall be made directly by the Intending Couple to the Clinic, hospital, laboratory, pharmacy or insurer against bills/receipts. No cash or other payment shall be made to the Surrogate Mother.3. The Clinic shall issue itemised bills in the name of the Intending Couple and keep records open to inspection by the Appropriate Authority.4. The Surrogate Mother shall not be liable for any part of these expenses.5. The Intending Couple shall also pay, directly, the insurance premium for the 36-month cover.6. No payment under this agreement is, or shall be construed as, a fee, price or reward for surrogacy. Surrogacy remains altruistic.7. Any dispute shall be referred to the Appropriate Authority / competent court at [PLACE].
INTENDING HUSBAND
Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

INTENDING WIFE
Name: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

AUTHORISED SIGNATORY, CLINICName: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

Witnesses: 1. [NAME]            2. [NAME]

                              
Drafting note (delete before use): Redrafted so that expenses are a matter between the couple and the clinic, not the surrogate mother. Confirm with your clinic and a lawyer what your Appropriate Authority expects.

[Print on non-judicial stamp paper of the value required in your State – verify with the Sub-Registrar / stamp vendor, e.g. in some States Rs. 20 for an affidavit and Rs. 100 for an agreement – and get it notarised / attested.]

AFFIDAVIT OF GUARANTOR (I)I, [NAME OF GUARANTOR], aged [AGE] years, son/daughter/wife of [NAME OF FATHER/HUSBAND], resident of [FULL ADDRESS], holding identity proof [ID TYPE – NUMBER], do hereby solemnly affirm and declare as under:
1. That I am a relative / well-wisher of the Intending Couple, [NAMES], and am acting as guarantor of my own free will.2. That the surrogacy is altruistic and I know of no payment, inducement or coercion offered to the Surrogate Mother, [NAME].3. That I shall ensure, to the best of my capacity, that the Intending Couple honour their duties regarding insurance, medical expenses and acceptance of the child.4. That if the Intending Couple die, separate or are unable to receive the child, I agree to receive the child and care for the child, as named in the surrogacy agreement and Form 2.5. That I give this undertaking before the embryo transfer and stand guarantor for the agreement dated [DD/MM/YYYY].
VERIFICATIONVerified at [PLACE] on [DD/MM/YYYY] that the contents of this affidavit are true and correct to the best of my/our knowledge and belief, and nothing material has been concealed.

DEPONENTName: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

Drafting note (delete before use): Some files need two guarantors. Name the same persons in the agreement and in Form 2.

[Print on non-judicial stamp paper of the value required in your State – verify with the Sub-Registrar / stamp vendor, e.g. in some States Rs. 20 for an affidavit and Rs. 100 for an agreement – and get it notarised / attested.]

AFFIDAVIT OF GUARANTOR (II)I, [NAME OF GUARANTOR], aged [AGE] years, son/daughter/wife of [NAME OF FATHER/HUSBAND], resident of [FULL ADDRESS], holding identity proof [ID TYPE – NUMBER], do hereby solemnly affirm and declare as under:
1. That I am a relative / well-wisher of the Intending Couple, [NAMES], and am acting as guarantor of my own free will.2. That the surrogacy is altruistic and I know of no payment, inducement or coercion offered to the Surrogate Mother, [NAME].3. That I shall ensure, to the best of my capacity, that the Intending Couple honour their duties regarding insurance, medical expenses and acceptance of the child.4. That if the Intending Couple die, separate or are unable to receive the child, I agree to receive the child and care for the child, as named in the surrogacy agreement and Form 2.5. That I give this undertaking before the embryo transfer and stand guarantor for the agreement dated [DD/MM/YYYY].
VERIFICATIONVerified at [PLACE] on [DD/MM/YYYY] that the contents of this affidavit are true and correct to the best of my/our knowledge and belief, and nothing material has been concealed.

DEPONENTName: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

Drafting note (delete before use): Some files need two guarantors. Name the same persons in the agreement and in Form 2.

[Print on non-judicial stamp paper of the value required in your State – verify with the Sub-Registrar / stamp vendor, e.g. in some States Rs. 20 for an affidavit and Rs. 100 for an agreement – and get it notarised / attested.]

AFFIDAVIT OF CONSENT BY THE HUSBAND OF THE SURROGATE MOTHERI, [NAME OF HUSBAND OF SURROGATE], aged [AGE] years, son of [FATHER'S NAME], resident of [FULL ADDRESS], holding identity proof [ID TYPE – NUMBER], do hereby solemnly affirm and declare as under:
1. That I am the lawful husband of [NAME OF SURROGATE], aged [AGE] years, who has a child of her own.2. That my wife is willing to be a surrogate mother for [NAMES OF INTENDING COUPLE] on a purely altruistic basis, and has not acted as a surrogate mother before.3. That I give my free, informed and voluntary consent. No pressure, payment or inducement has been offered or taken.4. That I understand that my wife will not provide her own egg, and that neither of us will have any claim on the child.5. That I shall support my wife during the pregnancy and after delivery, and shall follow the clinic's advice given to us as a couple.6. That this affidavit is made for production before the District Medical Board, the Appropriate Authority and the Magistrate.
VERIFICATIONVerified at [PLACE] on [DD/MM/YYYY] that the contents of this affidavit are true and correct to the best of my/our knowledge and belief, and nothing material has been concealed.

DEPONENTName: [FULL NAME]
Signature: ____________________
Date: [DD/MM/YYYY] Place: [PLACE]

FORM 12CERTIFICATE OF MEDICAL INDICATION FOR INTENDING COUPLE[PHOTOGRAPH OF THE WIFE]I, Dr. [NAME OF EXAMINING DOCTOR], hereby certify that Mrs. [NAME OF WIFE], wife of Mr. [NAME OF HUSBAND], resident of [FULL ADDRESS], have been undergoing treatment of infertility under the supervision of Dr. [NAME OF TREATING DOCTOR] (name of treating doctor) of [NAME AND ADDRESS OF CLINIC / HOSPITAL] (name & address of the clinic/hospital).

I have medically examined the couple and hereby certify that Mr./Mrs. [NAME] suffers from [MEDICAL CONDITION] (medical condition) and requires to undergo surrogacy procedure as an advanced treatment for infertility.

I hereby also certify that I have verified all the medical reports of the couple submitted to me in the above context.

DECLARATIONI hereby declare that the statements in this certificate are true and correct to the best of my knowledge & belief.

Date: [DD/MM/YYYY]
Place: [HOSPITAL / PLACE]
Signature & Seal: ____________________
Name of the Medical Officer of the District Board: [NAME, DESIGNATION]
Countersigned: Chairman, Medical Board [SEAL]

Note (delete before use): Issued by the Medical Board at a government hospital after its own examination. The couple supplies the medical history and the treating doctor's reports. The condition should match one of the medical indications in Rule 14.