Questions You Must Have About Surrogacy

What is Surrogacy?

Surrogacy is a method of reproduction process where a woman, known as the surrogate, volunteers to give birth to a baby for a married couple, who are called ‘the intended parents’. It is a life-changing option for couples who experience difficulty in conceiving a child. Surrogacy can be of two types:

(1) Traditional Surrogacy:

Where the surrogate uses her own egg to conceive and becomes the biological mother of the child.

(2) Gestational Surrogacy:

Where the surrogate carries an embryo created through IVF using the intended parents’ egg and sperm.

List of Questions About Surrogacy in India

1. Is surrogacy legal in India?

Yes, surrogacy is legal in India. However, the Surrogacy (Regulation) Act of 2021 prohibits commercial surrogacy, in which the surrogate receives compensation beyond medical expenses. Only altruistic surrogacy, which involves the medical expenses of the surrogate, is permitted.

2. Who can opt for surrogacy in India?

Heterosexual married couples who are unable to conceive naturally due to medical reasons are eligible for surrogacy in India. But, singles, homosexual couples, or live-in partners are not eligible.

3. Who can we choose as the surrogate mother?

The surrogate must be a close relative of the intended parents, and she should be between 25-30 years old and married with at least one biological child of her own.

4. What are the medical procedures involved in surrogacy?

As per the new law, embryo donation is prohibited in India, and the intended parents are required to provide their embryos and sperm for surrogacy. Also, the Surrogacy (Regulation) Act of 2021 outlines the following medical procedures for surrogacy:

• pre-surrogacy screening of the surrogate and the intended parents

• documentation of the medical procedures involved and legal agreements, treatments required for the surrogate to facilitate embryo implantation

• embryo implantation through IVF (In Vitro Fertilisation)

• medical monitoring of the surrogate involving regular check-ups and post-pregnancy care

5. What are the legal formalities couples should consider before choosing surrogacy?

The intended parents who are opting for surrogacy should obtain a certificate of infertility from a registered medical practitioner. They must also sign the required documents of agreements with the surrogate under an appropriate authority. The agreements should be approved by the National Surrogacy Board. This approval process ensures that the rights of both parties involved are protected.

6. How much does it cost for surrogacy in India?

The cost of surrogacy can vary depending on factors such as location, hospital, and medical treatments. On average, a couple may spend around INR 8–10 lakhs, which covers medical procedures, legal fees, and post-pregnancy medical care.

7. Are there any health insurance policies for surrogacy?

There are health insurance policies for surrogacy in India as per the laws of ‘The Surrogacy Act, 2012’ and ‘The Assisted Reproductive Technology Act (ART), 2021.