Surrogacy Process
in India

Surrogacy Process in India – Legal and Ethical Steps

Surrogacy is a way to help couples who cannot have a baby on their own. It helps them to give a chance to become parents with the help of another woman. The woman is known as a surrogate and she carries and gives birth to their baby. So, it’s very important to know everything about the surrogacy process, including what it means, how it works, who can choose it, and more.

We want you to know that we always follow the legal and safe way of doing surrogacy. In India, surrogacy is allowed only under the Surrogacy (Regulation) Act, 2021. This law only allows altruistic surrogacy, which means the surrogate mother does it on her own wish and not for money. Also, only eligible Indian couples can choose this option.

What Is Surrogacy?

Surrogacy is a way to help couples or individuals to become parents when they cannot get pregnant on their own for many reasons. In this process, another woman (called a surrogate) carries and delivers the baby for them. The baby is usually created through IVF by using the intended parents or donor’s egg and sperm.

In India, only altruistic surrogacy is allowed. This means that the surrogate is not paid, except for medical costs. This is done under the Surrogacy (Regulation) Act, 2021, which ensures the process is legal, safe, and done ethically.

Types of Surrogacy

Surrogacy is of two types: traditional surrogacy and gestational surrogacy. Below is a description of these two:

Traditional surrogacy: In this, the surrogate mother uses her own egg and this makes her the biological mother of the child. This method is rare in India due to legal and emotional challenges.

Gestational surrogacy: This is more common and accepted. Here, the baby is created using the egg and sperm of the intended parents or donors through IVF. In this, the surrogate carries the baby but is not biologically related.

As per the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is allowed in India. This means the surrogate mother cannot receive payment except for medical and pregnancy-related costs. This law ensures that the surrogacy process is safe, ethical, and legal for all.

Who Can Opt for Surrogacy?

The Surrogacy (Regulation) Act, 2021 has specific eligibility criteria for both intended parents and surrogate mothers. This ensures that surrogacy processes are ethical and legally compliant.

Eligibility Criteria for Intended Parents:

Marital Status: Only legally married heterosexual couples are eligible.
Duration of Marriage: The couple must have been married for at least five years.
Medical Necessity: There must be a medical condition that is preventing the couple from conceiving or carrying a pregnancy to term.
Age Limits: The female partner should be between 23 to 50 years old and the male partner should be between 26 to 55 years old.
Citizenship: Only Indian citizens are eligible and NRIs, OCIs, and foreigners are not permitted to opt for surrogacy in India.

Eligibility Criteria for Surrogate Mothers:

Marital Status: The surrogate must be a married woman.
Parental Status: She must have at least one biological child of her own.
Age Limits: Surrogates should be between 25 to 35 years old.
Relation to Intended Parents: The surrogate must be a close relative of the intended parents.
Frequency of Surrogacy: A woman can act as a surrogate only once in her lifetime.

These regulations help to protect the rights and well-being of both the surrogate mother and the child. This ensures that the surrogacy arrangements are done ethically and legally.

At RISAA IVF, Dr. Rita Bakshi, a Senior IVF Specialist and Gynaecologist, has helped many couples through the surrogacy process. If you have any questions or need further information, feel free to contact us.

Legal Guidelines: Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021, is a law in India to regulate surrogacy and protect all parties. It ensures that surrogacy is done ethically and legally. This regulation allows only altruistic surrogacy where the surrogate mother receives no payment except for the medical expenses.

Key points of the Surrogacy (Regulation) Act, 2021:

Only altruistic surrogacy is allowed (no commercial payments).
Surrogacy is permitted only for married Indian couples who are facing medical infertility.
The surrogate mother must be between 25-35 years old and have at least one child of her own.
The surrogate cannot be a close relative of the intended parents.
Strict legal documentation and approvals are required before starting the surrogacy process.
The law protects the rights of the child, surrogate, and intended parents throughout the process.

Step-by-Step Surrogacy Process

The Surrogacy Process helps couples to have a child when they cannot carry a pregnancy. This process involves planning, medical procedures, and legal steps to make sure everything is done according to the law.

Here is a simple overview of the main steps in surrogacy:

Consultation and Evaluation – The intended parents meet with fertility specialists to understand the process and check their medical conditions.

Legal Counseling and Agreement – The intended parents and the surrogate discuss and sign legal documents following the Surrogacy (Regulation) Act, 2021, which helps to protect everyone’s rights.

Finding a Surrogate – A suitable surrogate mother is identified who meets the legal and medical criteria.

Medical Preparation – The surrogate and intended mother (if using her eggs) undergoes medical tests and treatments to prepare for embryo transfer.

IVF and Embryo Transfer – Eggs are fertilized with sperm in the lab to create embryos. These are then transferred to the surrogate’s uterus.

Pregnancy Monitoring – The surrogate’s pregnancy is closely monitored by doctors until delivery.

Birth and Legal Parentage – After the baby is born, legal procedures confirm the intended parents’ rights as the child’s legal parents.

Legal Agreement Between Both Parties

The legal agreement between the intended parents and the surrogate is important to maintain a smooth surrogacy process. It helps to know about the rights and duties of both sides to avoid any issues.

The agreement covers:

Why Altruistic Surrogacy Is the Only Legal Option in India?

In India, only altruistic surrogacy is allowed by law and this means the surrogate mother only gets paid for her medical and pregnancy related costs. This helps to protect the women from exploitation and also helps to keep the process ethical.

The Surrogacy (Regulation) Act, 2021 ensures that surrogacy is done for emotional reasons and not for personal profit. India helps those families who genuinely need help while also protecting the rights and health of surrogate mothers. This law helps to maintain trust in the surrogacy process.

Connect With Us for Legal and Ethical Surrogacy

We are here to help if you are considering surrogacy and want a process that is both legal and ethical. Our team follows all the rules that are set by the Surrogacy (Regulation) Act, 2021 to ensure a safe surrogacy process for everyone.

We will guide you through every step and help you to understand the legal requirement. Feel free to reach out to us for clear advice and support throughout your surrogacy journey. Contact us anytime to learn more and take the first step to build your family.

Surrogacy Process in India