Surrogacy in India: A Comprehensive Guide for Prospective Parents

Thu, 29 Jun 2023

Surrogacy in India has emerged as a viable and life-changing option for couples struggling with infertility. With its advanced medical infrastructure and a growing number of fertility clinics, India has become a prominent destination for surrogacy.

Couples that are struggling with infertility concerns and have been unable to conceive even with relevant and extensive infertility treatment options like IVF, IUI, etc., are the ones who can consider opting for surrogacy in India to have a biological child.

Pride IVF Centre in India emerges as one of the leading fertility clinics where we provide comprehensive, legal and practical surrogacy treatment options for the legal citizens of India.

Understanding Surrogacy

Surrogacy is a category of fertility treatment (or reproductive procedure) where a woman, known as the surrogate, carries and delivers a child for the intended parents.

The procedure is typically opted by the couples who cannot conceive or carry their pregnancy to full term due to medical conditions, age-related concerns or other factors. Surrogacy, in these cases, offers a ray of hope to such couples who want to embrace the joy of parenthood.

We put forward a hassle-free treatment as well as all the other allied services as required.

Gestational Surrogacy – This is the most common type of surrogacy in india where the couple going for the fertility treatment process stays the biological guardians of the kid. The surrogate mother is only the ‘Birth Mother’ of that child.

Conventional Surrogacy – It is the least settled on surrogacy in India. In this sort of surrogacy, the sperm of the male partner is inseminated by the course of artificial insemination in the uterus of the surrogate mother. The sperm fertilizes the eggs of the substitute mother and pregnancy is accomplished. The surrogate carries the child, delivers it and hands it over to the couple. In this sort, the surrogate mother is additionally the biological mother of the child.

Is surrogacy legal in India?

Surrogacy has been commercially legal in INDIA since 2002. As Medical Tourism is an emerging market in India , most of the patients visiting India due to its low cost structure and offering best International Medical Standards and Treatments . Under the issued guidelines of IMR ( Indian Medical Council ) and Surrogacy law in India , Surrogate mothers have to sign away all their rights to the child.

In case , when a surrogate mother lends only their womb for an embryo formed with the sperm and egg of intended parents , then the delivery/birth certificate of the child will hold the name of his/her genetic parents.

What is the Legal Framework Surrounding Surrogacy in India?

Surrogacy in India is regulated by the Surrogacy (Regulation) Act, 2020. This act aims to ensure the ethical and transparent practice of surrogacy in the country.

Additionally, the Bill prohibits commercial surrogacy but allows altruistic surrogacy. Under this, no monetary compensation should be offered or paid to the surrogate mother besides the standard medical expenses and the insurance coverage for the patient.

The key provisions included in this act are:

• Eligibility criteria for the intended parents

• Requirement of surrogacy agreement

• Establishment of the surrogacy clinics and guidelines for their functioning

• Prohibition of commercial surrogacy; only altruistic surrogacy is allowed

Let us break them down for better understanding and clarity.

1. Eligibility criteria for the intended parents

Pride IVF Clinic meets the eligibility criteria outlined in the Surrogacy (Regulation) Act, 2020. Intended parents must meet the following conditions:

• Indian citizenship

• Married for at least five years

• Proven infertility

• A valid surrogacy agreement

• No surviving child (biological or adopted)

2. Surrogates in India

Surrogates play a pivotal role in the surrogacy process. At Pride IVF, our infertility specialists in India carefully select and screen potential surrogates to ensure their physical and emotional well-being. Surrogate eligibility criteria include:

• Age should be between 25 and 35 years

• Physical and mental fitness

• A successful pregnancy history

• Willingness to undergo medical and psychological evaluation

Further details regarding the surrogates and their eligibility will be discussed based on the Surrogacy (Regulation) Act, 2020 to ensure 100% transparency.

What is the Process of Surrogacy at Pride IVF Clinic?

Besides being the best fertility clinic in Delhi, Pride IVF is a trusted name for surrogacy procedures in Delhi and pan India.

Our surrogacy process is comprehensive, inclusive and transparent and abides by the laws and legalities outlined by the Indian government. Following is the step-by-step breakdown of the procedure:

• Initial consultation - Prospective parents meet with our expert fertility specialists to discuss their medical history and the surrogacy process.
• Surrogate selection - After evaluating surrogates' profiles, intended parents choose a suitable candidate who meets their criteria.
• Legal formalities - All parties involved draft and sign the surrogacy agreement outlining the rights and responsibilities.
• Medical evaluation - Both the surrogate and the intended mother (if using her eggs) undergo comprehensive medical assessments. If necessary, the intended mother undergoes ovulation stimulation to produce eggs.
• IVF - The eggs are fertilized with the intended father's sperm, creating embryos. Following this, the embryo is transferred into the surrogate’s uterus and then comes the two-week wait period.
• Pregnancy and monitoring – Once the conception is successful, the next steps in the process involve close monitoring of the surrogate and the developing fetus. 
• Birth and legal procedures - Once the baby is born, legal procedures are followed to establish the intended parents' legal rights.
• Every step of the process is done with openness and complete transparency to ensure that none of the parties involved are blindsided.

Present Surrogacy Regulation Rules ?

• Surrogacy clinics shall have at least one gynecologist, one anesthetist, one embryologist and one counselor.

• The intending woman or couple must purchase a general health insurance coverage in favor of surrogate mother for a period of thirty six months from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, 1999 for an amount which is sufficient enough to cover all expenses for all complications arising out of pregnancy and also covering post- partum delivery complications.

• Number of attempts of any surrogacy procedure on the surrogate mother shall not be more than three times.

• Gynaecologists must transfer one embryo in the uterus of a surrogate mother during a treatment cycle: Provided that only in special circumstances up to three embryos may be transferred.

• Surrogate mothers may be allowed for abortion during the process of surrogacy in accordance with the Medical Termination of Pregnancy Act, 1971.

• An application for registration for a surrogacy clinic shall be made by the surrogacy clinic which is carrying out procedures related to the Surrogacy.

Why Choose Pride IVF Clinic for Surrogacy?

Choosing surrogacy for conceiving your child can be a very hard decision. If you have undergone infertility treatment in India, but nothing seems to be helping, our specialists at Pride IVF are here to make your dreams of becoming parents a reality.

Following are a few reasons why our patients trust us for surrogacy treatment in India:

• Our clinic is equipped and run by a team of highly qualified infertility specialists with years of experience. We also prioritize an empathetic approach to ensure our patients feel safe and vulnerable in the clinic. It is a non-judgmental and safe space for the patients.

• Pride IVF Clinic provides comprehensive care throughout the surrogacy journey, from initial consultation to post-birth support.

• The clinic ensures that all legal aspects are handled efficiently, protecting the rights of all parties involved.

• Our clinic is a one-stop destination with state-of-the-art facilities and advanced reproductive technologies.

• Pride IVF Clinic strictly adheres to the ethical guidelines outlined in the Surrogacy (Regulation) Act, 2020.

• Additionally, our team has compassionate counselors who are there to provide emotional support to both intended parents and surrogates.

Conclusion

Surrogacy in India, regulated by the Surrogacy (Regulation) Act, 2020, offers hope to infertile couples. At Pride IVF, we are committed to ethical and transparent practices related to surrogacy procedures in India, which makes us one of the most trusted destinations for couples struggling with infertility. We understand that parenthood is a cherished dream, and our specialists work towards making that a reality for our patients.