Surrogacy in India– Have you always dreamed of starting a family but have encountered challenges (perhaps) along the way? For many couples and individuals, surrogacy is a path to parenthood when traditional methods are unsuccessful.
India’s advanced medical facilities and developing legal framework have made it a prominent player in the surrogacy world. However, if you’re a prospective parent considering surrogacy in India, the rules and regulations might confuse you.
All About Surrogacy in India
As per the surrogacy guidelines approved in The Surrogacy (Regulation) Act of 2024, the practice of Gestational surrogacy in India has been greatly restructured. But what is surrogacy really, and how is it incorporated into the Indian context?
Surrogacy is the process of carrying and delivering a baby for another person or couple who are unable to do so (known as the intended parents) by a surrogate (the woman). The two main types of surrogacy are:
Gestational Surrogacy is the most common type in India. In this type, the surrogate carries an embryo formed using the eggs and sperm of the intended parent or donors. The baby has no genetic relationship to the surrogate.
However, traditional surrogacy, in which the surrogate’s egg is used, is no longer legally allowed in India.
India’s fascination with surrogacy started in the early 2000s when it became a worldwide centre for commercial surrogacy. However, this led to catastrophic legal reforms due to growing concerns about ethical issues and exploitation. Now, Indian surrogacy law concerns altruistic surrogacy, prohibiting commercial arrangements.
Now Indian Surrogacy Laws: Updates 2024
Few people are aware that surrogacy, the act of carrying a baby for someone else, in India is a highly complex legal terrain that has changed dramatically in the last few years. The backdrop of current surrogacy laws in India is the Surrogacy (Regulation) Act, 2021 and Surrogacy (Regulation) Amendment Rules, 2024, introduced on January 23, 2024. Let us examine the critical points:
Prohibition of Commercial Surrogacy: Commercial surrogacy, which involves the surrogate being compensated beyond her medical expenses and insurance, is now outlawed in India.
Altruistic Surrogacy Only The law allows only altruistic surrogacy and generally limits the surrogate to being a close relative of the intended parents.
Eligibility Criteria: The law establishes stringent eligibility criteria for both intended parents and surrogates. We’ll go into these in much more depth later.
Surrogacy Board—For the first time, a National Surrogacy Board and State Surrogacy Boards have been established to supervise and regulate surrogacy practice.
Donor Gamete Use: The new 2024 amendment permits the use of donor gametes by patients diagnosed with specific medical conditions, pending the approval of the District Medical Board.
Insurance Obligation: 36 months of insurance coverage for surrogate mothers shall be mandatory under the law.
Surrogate Children: The Rights Of A Surrogate Child
These laws are intended to protect surrogates from being coerced into the process and also ensure that surrogacy is an option for people who need it to start a family.
Who can go for Surrogacy in India: Surrogacy eligibility
India has strict surrogacy eligibility criteria for both intended parents and surrogate mothers. You may also like👨🔬Who can go for surrogacy in India?
For Intended Parents:
Only Indian citizens are permitted to surrogate in India. Overseas Citizens of India (OCIs), foreigners and Non-Resident Indians (NRIs) are ineligible.
Married: The intended parents must be married. Single parents, same-sex couples and live-in partners do not qualify under current law.
“Age Restriction: Woman: 23-50 Years, Man: 26-55 Years.
Medical Necessity: A medical reason for surrogacy, such as infertility, frequent miscarriage, or a health condition that would make pregnancy dangerous, must be established.
No Existing Children: The couple should not have any other surviving biological or adopted child or surrogate child unless the existing child has a mental or physical disability or a life-threatening disorder.
For Surrogate Mothers:
Relationship: The surrogate must be a close relative of the intended couple
Relationship Status: Must be married and have a child
Age: 25-35 Years old•
Health: She needs to be certified medically and psychologically fit for surrogacy.
Previous Surrogacies: A woman can only be a surrogate once in her life.
These stringent criteria are intended to ensure that surrogacy is used only when medically necessary and to protect vulnerable women from exploitation.
Step-By-Step Guide Regarding the Surrogacy Process in India
The surrogacy process begins with legal paperwork, followed by medical procedures if necessary, and is usually concluded within 12-18 months. Here’s a closer look at what you can expect:
Medical checkup: The health records of the surrogate and the intended parents are checked to see if they are healthy for surrogacy or not.
Legal Counsel: Legal counselling helps each party understand their rights, responsibilities, and the legal aspects of the surrogacy process.
Surrogacy Board application: The intended parents need to apply and get the necessary permissions to go for surrogacy from the respective Surrogacy Board.
Identification of Surrogate: Once legal approval is granted, prospective parents need to enlist a suitable surrogate (often a close relative of their friends) who meets the legal requirements.
Psychological Counseling: The intended parents and the surrogate both undergo counselling to make sure they’re emotionally ready for the journey.
Legal Contracts: All parties execute and sign agreements regarding the surrogacy.
Medical Procedures:
When the intended mother’s eggs are used, she undergoes ovarian stimulation and egg retrieval.
The scientist fertilizes those eggs in the lab using sperm from the intended father.
The embryo(s) are then transferred into the surrogate’s uterus.
Pregnancy and Monitoring: If the embryo transfer works, the surrogate is closely monitored during the nine-month pregnancy.
Delivery: The baby is born, typically by scheduled C-section, with the intended parents in the room.
Legal Parentage: Once the child is born, legal steps are taken to ensure that the intended parents become the child’s legal parents.
Surrogate postpartum care: The surrogate receives postpartum care while the baby may be in the NICU if required.
It’s essential to work with trusted surrogate clinics and legal professionals to ensure that everything is proceeding correctly under Indian laws.
Surrogacy Cost in India: The Complete Breakdown
In India, surrogacy can cost between ₹20 to ₹30 lakhs (about 24,000 to 36,000 USD), which is cheaper than most Western countries. But it’s important to know what that cost includes — and what else you might have to pay. Here’s a breakdown:
Medical Expenses: ₹3,50,000 - ₹5,00,000
IVF procedures
Embryo creation and transfer
Pregnancy medical care for the surrogate
Compensation for Gestational Surrogate: By law, it is limited to medical costs and insurance.
– LEGAL FEES: ₹4,00,000 – ₹6,00,000
Surrogacy contracts are drafted and reviewed
Legal counseling
Court processes to determine parentage
Insurance: Surrogate must be covered for 36 months, with a guarantee of coverage
Hospital Costs: 2,00,000 – 5,00,000
Delivery expenses
Potential NICU costs
Miscellaneous Expenses:
Accommodation and travel of prospective parents
Psychological counselling
Care for the surrogate following delivery
It is important to note that despite surrogacy in India is much cheaper compared to the USA (where it can cost over $100,000), it is still an expensive undertaking. Make sure to talk to your selected clinic about all potential costs and budget for any unexpected expenses.
Medical Tourism For Surrogacy In India
India has been a country that has attracted medical tourism for a long time. People from nearby countries and people from the other side of the world come here for medical treatment as we provide good treatment at a reasonable price. Although new laws limited surrogacy to Indian citizens only, it is worth looking under the hood to understand what fuels India’s niche as a global player in reproductive medicine:
State-of-the-art Medical Facilities: Many fertility clinics in India have the latest medical equipment and follow global care levels.
Fertility Treatment Experience: Many Indian doctors working in the field of reproductive medicine have training and experience contributing to getting IVF in India, with extensive experience in performing fertility surgery.
Holistic Support: The best surrogacy centres provide complete solutions, from the first consultation to post-delivery support.
National ART & Surrogacy Portal—This is a verified government platform where people can check for registered and approved surrogacy clinics.
Multilanguage Support: Several clinics provide multilingual services catering to their diverse clientele.
Though international surrogacy seekers can no longer avail themselves of these services in India, Indian citizens continue to benefit from this developed infrastructure. If you are interested in surrogacy, it is very important to select a well-known clinic registered with the National ART & Surrogacy portal.
Ethical Concerns and Controversies
Indian Surrogacy gained a lot of ethical debate around it. Understanding these perspectives matters:
Critics argue, for example, that surrogacy can be exploitative and lead to women being taken advantage of financially. To solve the exploitation point, altruistic surrogacy was born, but even this remained debatable from the point of view of exploitation.
Commercialization of the Woman’s Body: Some look at surrogacy as commercialization of the woman’s body, which leads to questions of bodily autonomy and dignity.
Right of the child: The potential psychological effect on children born to surrogates and their right to know their parentage is still a matter of discussion.
Considering that all current laws exclude single individuals and LGBTQ+ couples from surrogacy, Ferber provides an analysis of the availability and the impact of equality on reproductive rights.
Informed Consent: It is critical (and can be tricky) to ensure that surrogates have a complete understanding of the medical and emotional risks.
Cultural Values and Religious Beliefs: Surrogacy raises questions about the integrity of family, parenthood, and the sanctity of pregnancy, which are deeply held cultural values and religious beliefs.
Indian laws have matured to address an overwhelming majority of these issues. However, ethical debates still bedeck the halls of surrogacy policy in India and around the world.
Substitutes for Surrogacy in India
If you don’t qualify for surrogacy in India or are thinking about alternatives to surrogacy, you have plenty of options:
Adoption: India has an established formal adoption system for domestic and inter-country adoption. This is a rewarding option for creating a family and providing a home to a child who needs one.
9 IVF (In Vitro Fertilization) For couples who are having difficulty becoming pregnant, IVF can be a solution before resorting to surrogacy. There are several good IVF clinics in India with experienced doctors and high success rates.
In Some Countries: Some countries are more permissive about surrogacy. While this may be an option, it’s vital to educate yourself on the legal and ethical issues you need to consider before pursuing any international surrogacy.
Fostering: This is not a long-term option, but through fostering you can care for vulnerable children in your community, and in some cases, it leads to adoption.
Child-Free Living: This All You Need: Some people or couples decide to live child-free and focus on other elements of life that may bring happiness.
All of these alternatives have pros and cons, so it’s essential to do your homework and consider what works best for your specific circumstances.
Success Rates and Statistics
Substitutes for Surrogacy in India
Surrogacy provides success rates that can help establish fair expectations for individuals contemplating surrogacy. Here are some key statistics:
Success rates: The success rates of gestational surrogacy in India range between 50-75%, which is equivalent to global standards.
Age Factor: Egg Provider Age — The success rate goes down with the age of the egg provider. Women below the age of 35 are the most likely to succeed.
Multiple embryo transfers: Most intended parents need more than one embryo transfer to conceive.
Market Growth: Without any legal framework in place, India’s surrogacy market is reported to continue evolving. Global Software-Defined Networking Market Overview: The global Software-Defined Networking market is expected to grow exceptionally despite its current size (2024) of USD 20.83 billion, to be USD 337.77 billion in 2037, registering a CAGR of 23.9%.
According to statistics, 10-15% of couples worldwide suffer from infertility, so there is an overall high demand for assisted reproductive technology (ART) such as surrogacy.
However, success rates can vary widely among clinics and between individual circumstances. Always check with a medical professional regarding your particular situation to better gauge your chances for success.
Portrayals of Individual Lives and Examples
So , for a slightly more human take on surrogacy in India, let’s take a look at some anonymized case studies:
Priya and Rahul: After struggling for years with infertility — and suffering multiple miscarriages — this couple from Mumbai sought surrogacy. Priya’s sister offered to be their surrogate, and after an uneventful pregnancy, they had twins in 2023. Most of them talk about standing by each other and supporting a family through the entire process.
Anjali: A Delhi-based surrogate, Anjali carried a baby for her cousin, who was unable to conceive due to a medical condition. It’s an emotionally complex experience, she says, but ultimately rewarding because she has helped to create a family.
Dr. Mehra: Dr. Mehra is a fertility specialist with 20 years of clinical experience who has witnessed the development of surrogacy laws in India. She says that though the new rules have made the process more difficult, they have elevated ethical standards and care for surrogates.
{These stories reveal how surrogacy can affect all involved parties in deeply emotional ways.}
Trends On Surrogacy In India In Future
Looking forward to the state of surrogacy in India, here are a couple of trends and possibilities that are going to define it:
Technological Advancements: Enhanced IVF techniques and genetic screening may augment success rates and mitigate risks in surrogacy.
Possible Legal Amendments: There’s also some discussion about broadening eligibility, which could eventually allow single parents or same-sex couples to pursue surrogacy.
Enhanced Psychological Support: As the emotional impacts of surrogacy become more understood, the availability of psychological support may become more widely available.
Ethical frameworks: Ongoing ethical discussions could lead to more nuanced guidelines that balance the needs of intended parents, surrogates, and children.
International Impact: India was among the pioneers in establishing the necessity of running surrogate guidelines, and its policies could set an example for global surrogate laws.
The future is always unknown, but surrogacy in India will continue to change with advancements in science, ethics, and evolving social contexts.
Conclusion
For couples struggling with infertility, surrogacy in India can provide an alternative path to parenthood. Still, due to the medical, legal and emotional implications of this process, it is a complex juggle. The legal framework for altruistic surrogacy 2024 provides structure to altruistic surrogacy whilst aiming to protect all parties involved.
If you are considering surrogacy in India, it is essential to do proper research, consult medical and legal practitioners, and consider the ethical implications. Every surrogacy journey is distinct, and what may be the best option for one family might not be the right way for another.
You want to create a loving family, whether with surrogacy or another option. Through thoughtful preparation and understanding, you can find a way to get through this journey.
FAQs
Is surrogacy legal in India?
A. Yes, altruistic surrogacy is allowed under Indian law for eligible Indian citizens. Gay surrogacy is banned, but surrogacy is legal.
What is the cost of surrogacy in India?
This usually costs between ₹20 to ₹30 lakhs ($24,000 to $36,000), covering medical procedures, legal fees as well as surrogate care.
Who can apply for surrogacy in India?
Surrogacy is allowed for Indian couples who are married, have an established medical need (verified), belong to a specific age category (10 years excess age difference) and do not have children surviving, with a few exceptions.
How popular is surrogacy in India, and what are its success rates?
Gestational surrogacy success rates in India are 50-75%, which falls in line with global standards.
What is the duration of the surrogacy process in India?
The entire process generally takes 12-18 months, from initial consultations to birth, but the length will depend on the individual’s circumstances.
