In February 2024, the Indian government amended the Surrogacy (Regulation) Rules to allow the use of donor gametes for married couples if one partner has a medical condition that necessitates it
Surrogacy is a method of assisted reproduction where a woman, known as the surrogate mother, agrees to carry and give birth to a child for another individual or couple, referred to as the intended parents. This arrangement allows those who are unable to conceive or carry a pregnancy to term to experience the joys of parenthood.
Types of Surrogacy
01
Altruistic Surrogacy
Altruistic surrogacy involves a surrogate mother voluntarily carrying a child for the intended parents without any commercial gains. It's motivated by empathy and love. Under the current Indian laws, commercial surrogacy is prohibited, emphasizing the altruistic nature of the process.
Process: Sperm from the intended father or a donor is inseminated into the surrogate's egg through artificial insemination.
02
Gestational Surrogacy
The surrogate mother has no genetic link to the child.
Process: An embryo created via In Vitro Vertilization (IVF) using the intended parents' or donors' eggs and sperm is implanted into the surrogate.
A Guide by SurroCare Wellness
The New Surrogacy 2021 Act
In India, the legal landscape surrounding surrogacy has undergone significant changes to ensure ethical practices and protect the rights of all parties involved. The Surrogacy (Regulation) Act, 2021 is the cornerstone of this framework, replacing earlier regulations and clarifying the permissible types of surrogacy:
Altruistic Surrogacy Only: Commercial surrogacy, where the surrogate mother receives financial compensation beyond medical and related expenses, is explicitly prohibited. This ban aims to prevent the exploitation of women and ensure that surrogacy remains a compassionate act rather than a commercial transaction.
Eligibility Criteria:
For Surrogate Mothers:
- Must be a close relative of the intended parents.
- Aged between 25 and 35 years.
- Must have a minimum of one living child of their own.
- Should not have any physical or mental ailments.
For Intended Parents:
- Must be Indian citizens.
- Married for at least five years if a couple.
- Unmarried individuals may also be eligible under specific circumstances.
Process and Approval:
- Surrogacy arrangements must be approved by an appropriate authority to ensure compliance with legal standards.
- Medical and psychological evaluations are conducted for surrogate mothers to assess their suitability and willingness.
Reasons You Might Consider Surrogacy
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Medical Infertility
Infertility affects millions of individuals and couples worldwide. When medical conditions prevent conception or a healthy pregnancy, surrogacy offers a viable solution. Common medical reasons include:
Uterine Abnormalities: Conditions like uterine fibroids, congenital uterine malformations, or severe endometriosis can make it difficult or impossible to carry a pregnancy.
Recurrent Miscarriages: Experiencing multiple miscarriages can be emotionally devastating and may necessitate alternative methods like surrogacy.
Failed IVF Treatments: When in vitro fertilization (IVF) is unsuccessful despite multiple attempts, surrogacy can provide a new avenue for achieving a successful pregnancy.
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Absence of a Uterus
Some individuals are born without a uterus or have had it removed due to medical conditions such as cancer. Without a uterus, carrying a pregnancy is not possible, making surrogacy the only option to experience motherhood.
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Single Parents
Single individuals who wish to become parents may find surrogacy to be a fulfilling option. Surrogacy provides the opportunity to raise a child independently while ensuring a genetic connection through egg donation if desired.
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Age-Related Fertility Decline
As individuals age, fertility naturally declines, and the chances of conceiving decrease. For older prospective parents who wish to have children, surrogacy can bypass some of the age-related challenges associated with carrying a pregnancy.
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Chronic Health Conditions
Chronic illnesses or health conditions that make pregnancy risky or unsafe for the intended mother can be mitigated through surrogacy. This allows individuals to prioritize their health while still achieving their dream of parenthood.
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Genetic Considerations
In some cases, genetic disorders or concerns may influence the decision to pursue surrogacy. Preimplantation genetic testing (PGT) can be used in conjunction with surrogacy to ensure the health and well-being of the child.
The Surrogacy Process
Step 1
Initial Consultation:
Understanding your needs and determining eligibility.
Step 3
Matching with a Surrogate:
Finding a surrogate who aligns with your values and expectations.
Step 3
Legal Agreements:
Drafting and signing contracts to protect all parties involved.
Step 4
Medical Procedures:
Undergoing IVF and embryo transfer processes.
Step 5
Pregnancy and Birth:
Monitoring the pregnancy and ensuring a smooth delivery.
Step 6
Post-Delivery:
Transitioning the newborn to the intended parents with continued support.
Eligibility Criteria for Intended Couples
Marital Status and Age Requirements
- Married Couples
- Indian Man: Must be between 26 and 55 years of age.
- Indian Woman: Must be between 23 and 50 years of age.
- Single Women: Widowed or divorced single women are permitted to pursue surrogacy.
Nationality and Residency
- Indian Origin Couples: Both partners should hold Overseas Citizen of India (OCI) cards if they are of Indian origin.
- Residential Requirement: Intended couples must apply for surrogacy within their resident District Ward in India.
Parental Requirements
- No Previous Healthy Child: Couples cannot have a previously born healthy child.
- Embryo Transfer:
- Allowed: Transfer of embryos between clinics within India.
- Not Allowed: Importing embryos from another country into India.
- Egg Donation: Couples are permitted to use egg donors as part of their IVF treatment.
Legal and Medical Documentation
- Medical Indication Certificate: Obtain a certificate from the District Medical Board confirming the medical necessity for surrogacy.
- Health Insurance: Ensure general health insurance coverage for the surrogate mother for a period of 36 months.
- Compensation Guarantee: Provide a guarantee of compensation for the surrogate mother in case of any complications.
- Parental Order: Secure a Parental Order passed by a First-Class Magistrate for both the couple and the surrogate.
- Essentiality Certificate: Obtain a Certificate of Essentiality from the relevant board.
- Registered Clinic: Surrogacy must be undertaken through a registered surrogacy clinic under the new Act.
Additional Considerations
- Sex Selection: Sex selection of the child is not allowed under the new Act.
Eligibility Criteria for Surrogate Mothers
Age and Marital Status
- Married Couples
- Age Range: Surrogate mothers must be between 25 and 35 years of age.
- Marital Status: Must be an ever-married woman, ensuring she has experience in pregnancy.
Nationality and Citizenship
- Indian Citizenship: Surrogate mothers must be Indian citizens.
Health and Medical Fitness
- Previous Childbirth: Must have previously given birth to a child.
- Medical and Psychological Fitness: Must possess certificates proving both medical and psychological fitness to undertake surrogacy.
Genetic Relationship
- No Genetic Link: Surrogate mothers should not be genetically related to the child born through surrogacy.
Surrogacy Limits and Legal Compliance
- One-Time Surrogacy: A surrogate mother can act as a surrogate only once in her lifetime.
- Embryo Transfer Limit: She can undergo embryo transfer up to three times for the same couple to achieve pregnancy.
- Surrogate Mother Eligibility Certificate: Must obtain a Surrogate Mother Eligibility Certificate from the appropriate authority.
- Legal Appearance: Must present herself in court for the Parental Order.
- Marriage Certificate: Must possess a valid marriage certificate.
Legal and Ethical Assurance
- Ethical Practices: Surrogacy arrangements must adhere strictly to ethical guidelines to prevent exploitation and ensure the well-being of the surrogate mother and the child.
Do you have
Any Questions
What recent changes have been made to the Surrogacy (regulation) rules in India?
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