Surrogacy Adoption deed

A Surrogacy Adoption Deed is a legal document that formalizes the adoption of a child born through surrogacy. In India, where surrogacy arrangements are governed by strict regulations, this deed ensures that the intended parents are legally recognized as the child’s parents, transferring all parental rights and responsibilities from the surrogate mother to the intended parents. The deed is crucial for establishing the legal parent-child relationship and securing the child’s rights under the law.

Understanding Surrogacy in India

Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, which allows for altruistic surrogacy—where the surrogate mother is compensated only for medical expenses and insurance. Commercial surrogacy, where the surrogate is paid beyond her medical expenses, is banned. The act ensures that the rights of the surrogate mother, the child, and the intended parents are protected.

Key Aspects of Surrogacy in India

1. Eligibility: Only Indian citizens can opt for surrogacy in India, and the intended parents must be a legally married couple. The wife must be aged 23 to 50 years, and the husband aged 26 to 55 years. They must also prove that surrogacy is necessary due to infertility or other medical reasons.
2. Surrogate Mother: The surrogate mother must be a close relative of the intended parents, aged between 25 and 35 years, and should have been married with at least one biological child of her own.
3. Legal Agreement: A surrogacy agreement must be signed between the surrogate and the intended parents, outlining the terms and conditions of the surrogacy arrangement.

Importance of a Surrogacy Adoption Deed

The Surrogacy Adoption Deed is essential for transferring legal parentage from the surrogate mother to the intended parents. This deed is required to:

• Ensure that the intended parents have full legal rights over the child.
• Prevent any legal disputes regarding parentage in the future.
• Secure the child’s inheritance and other legal rights.

Key Elements of a Surrogacy Adoption Deed

For the Surrogacy Adoption Deed to be legally valid, it must include the following elements:

1. Details of the Intended Parents: The names, ages, addresses, and occupations of the intended parents must be clearly mentioned.
2. Details of the Surrogate Mother: The deed must include the surrogate mother’s name, age, address, and other relevant details.
3. Details of the Child: The deed must provide the child’s name (if already named), date of birth, gender, and any other identification details.
4. Consent of the Surrogate Mother: The deed must include a statement from the surrogate mother, giving her irrevocable consent to transfer all parental rights and responsibilities to the intended parents.
5. Statement of Adoption: The deed should explicitly state that the intended parents are adopting the child born through surrogacy and that they accept all parental responsibilities.
6. Irrevocability Clause: The deed should include a clause stating that the adoption is irrevocable, ensuring that the surrogate mother cannot claim any parental rights over the child in the future.
7. Witnesses: The deed must be signed by the intended parents, the surrogate mother, and at least two witnesses who can attest to the voluntary nature of the adoption.
8. Court Order: The deed must be accompanied by a court order, as required under the Surrogacy (Regulation) Act, 2021. This order grants the intended parents legal parentage over the child.

The Process of Creating a Surrogacy Adoption Deed

1. Surrogacy Agreement

Before the Surrogacy Adoption Deed is created, a surrogacy agreement must be signed between the intended parents and the surrogate mother. This agreement outlines the terms of the surrogacy arrangement, including the responsibilities of both parties and the compensation provided to the surrogate.

2. Birth of the Child

Once the child is born, the intended parents must initiate the process of legal adoption to transfer parental rights from the surrogate mother. The Surrogacy Adoption Deed is drafted as part of this process.

3. Drafting the Deed

The Surrogacy Adoption Deed should be drafted with the help of a legal professional to ensure that all legal requirements are met. The deed must include all the key elements mentioned earlier and be signed by the relevant parties.

4. Court Proceedings

After the Surrogacy Adoption Deed is drafted, the intended parents must file an adoption petition in the family court. The court reviews the petition, along with the surrogacy agreement and other necessary documents, to ensure that the adoption is in the child’s best interests.

5. Issuance of Adoption Order

If the court is satisfied with the petition, it issues an adoption order, legally recognizing the intended parents as the child’s parents. The court may also direct the issuance of a new birth certificate, listing the intended parents as the legal parents.

Legal Rights of the Child

Once the Surrogacy Adoption Deed is finalized and the adoption order is issued, the child has the same rights as a biological child of the intended parents. These rights include:

1. Inheritance Rights: The child is entitled to inherit from the intended parents as a biological child would.
2. Parental Rights: The intended parents gain full parental rights and responsibilities, including decisions about the child’s upbringing, education, and welfare.
3. Legal Status: The child is legally recognized as the child of the intended parents, with all associated rights and privileges.

Conclusion

A Surrogacy Adoption Deed is a critical legal document that ensures the intended parents are recognized as the legal parents of a child born through surrogacy in India. By properly drafting, executing, and registering this deed, intended parents can secure their parental rights and the child’s future.

Given the complexities of surrogacy laws in India, it is essential to follow the proper legal procedures and consult with legal professionals to ensure that the Surrogacy Adoption Deed is valid and enforceable. This deed not only formalizes the adoption but also provides legal protection for all parties involved, ensuring a smooth transition of parental rights from the surrogate mother to the intended parents.