Surrogacy Process
in India

Surrogacy Process in India

Surrogacy is a way to help couples who cannot have a baby on their own. It helps them to become parents with the help of a surrogate, who carries and gives birth to their baby.


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.

What Is Surrogacy?

Surrogacy is a way to help eligible Indian married couples become parents when they cannot get pregnant on their own for medical reasons. In this process, another woman (called a surrogate) carries and delivers the baby for them. The baby is formed by using the gametes of the intended parents only, as permitted under Indian law.

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

Types of Surrogacy

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


  • Traditional surrogacy (Prohibited): In this method, the surrogate mother uses her own egg and becomes the biological mother of the child. This form of surrogacy is not permitted in India under the Surrogacy (Regulation) Act, 2021.
  • Gestational surrogacy (Permitted): This is the only form of surrogacy legally allowed in India. Here, the baby is formed by using the gametes of the intended parents.

As per the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is allowed in India. This means the surrogate mother cannot receive any payment except for medical, insurance coverage, and pregnancy-related expenses.

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 legally compliant.

 

Eligibility Criteria for Intended Parents:

 

  • Marital Status: Only legally Indian 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 certified medical condition 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 for altruistic surrogacy.

 

Eligibility Criteria for Surrogate Mothers:


  • Marital Status: An ever married/ widowed/ divorced woman with at least one biological child can act as a surrogate.
  • Parental Status: She must have at least one biological child of her own.
  • Age Limit: Surrogates should be between 25 to 35 years old.
  • Relation to Intended Parents: The surrogate must be a known to of the intended parents, as required under current regulations.
  • Frequency of Surrogacy: A woman can act as a surrogate only once in her lifetime.

 

At RISAA IVF, Dr. Rita Bakshi, a Senior IVF Specialist and Gynaecologist, has helped many couples through the altruistic 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. This regulation allows only altruistic surrogacy where the surrogate mother receives no payment except for the medical expenses and insurance coverage.

 

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 and cannot have their own child.
  • The surrogate mother must be between 25-35 years old and have at least one child of her own.
  • 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.

List of Mandatory Certificates under the Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021 and Rules, 2022 have been notified in the Gazette of India (Extraordinary). As per the Act and Rules, specific certificates are mandatory for surrogacy procedures.

 

  1. Under Section 4(iii)(a)(1), a Certificate of Medical Indication necessitating Gestational Surrogacy for the intending couple is issued by the District Medical Board.
  2. Under Section 4(iii)(a), a Certificate of Essentiality for the intending couple is issued by the Appropriate Authority having jurisdiction over the District Medical Board.
  3. Under Section 4(b), an Eligibility Certificate for the surrogate mother is issued by the Chairperson, District Appropriate Authority for ART & Surrogacy.
  4. Under Section 4(b)(v), a Certificate of Medical and Psychological Fitness of the surrogate mother is issued by a Registered Medical Practitioner, preferably an OBGY.
  5. Under Section 4(c), an Eligibility Certificate for the intending couple for surrogacy is issued by the Chairperson, District Appropriate Authority for ART & Surrogacy.
  6. Under Rule 4, a Certification of Recommendation is issued by the State Board.

Connect With Us

Risaa IVF is here to help if you are considering surrogacy. 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 necessary requirements. 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.