Conception To Delivery: Surrogacy In India

March 20, 2024
Surrogacy In India

Formerly addressed in private, surrogacy has recently become widely recognized as a possible option for treatment for infertile couples. India has grown into an important competitor in the international surrogacy economy, offering accessible and affordable alternatives for prospective parents from every corner of the world. However, in the world of surrogacy, the entire procedure from conception to birth is convoluted and loaded with emotional, legal, and moral dilemmas.

Surrogacy in India: About

  • A woman (the surrogate) consents to bear and give birth to a child on behalf of another individual or couple (the intended parent(s)) in a process known as surrogacy.
  • A woman who becomes pregnant, carries, and gives birth to a child on behalf of another individual or couple (intended parent(s)) is known as a surrogate, often known as a gestational carrier.

Types of Surrogacies in India

  • Traditional Surrogacy: In this kind of surrogacy, the intended father’s sperm must be artificially inseminated into the surrogate mother.
  • Gestational Surrogacy: With this gestational surrogacy, fertility specialists can use the intended father’s sperm to fertilize the intended mother’s eggs with the use of In-Vitro Fertilization (IVF) technology.
  • Altruistic Surrogacy: The surrogate mothers in an altruistic surrogacy agreement receive no payment for their time, effort, or risk. Nonetheless, gestational surrogacy and conventional surrogacy are also covered by this altruistic surrogacy. In some nations, this is the only kind of surrogacy that is permitted.
  • Commercial Surrogacy: It simply means that any of the above-mentioned surrogacy arrangements, aside from altruistic surrogacy, in which surrogate volunteers bear pregnancy for intended couples for free, can be classified as commercial surrogacy only if the surrogate mother receives financial compensation in addition to reimbursement for her medical expenses.

Current Status of Surrogacy in India

  • While surrogacy is allowed in India, it’s vital to understand that not all surrogacy arrangements are accepted.
  • Commercial surrogacy is absolutely prohibited in India by the Surrogacy (Regulation) Act of 2021. Rather, the only accepted type of surrogacy is altruistic surrogacy.
  • Altruistic surrogacy entails intended parents paying the surrogate mother’s prenatal care costs and insurance premiums but without giving her any more financial support.

Surrogacy Cost in India

  • The most expensive method is surrogacy. It entails asking another lady for assistance when giving birth. In addition, the procedure entails a number of legal requirements and other elements that come with hefty costs. Even 
  • Nevertheless, in 2023 the surrogacy charges in India will be far lower than in rich Western nations. In India, surrogacy costs range from INR 15,00,000 to INR 25,00,000, which is the cheapest surrogacy in India. hefty industrialized countries impose hefty fees since many of their partners cannot afford them. 
  • Numerous partners in India may also receive assistance in covering the process’ exorbitant cost. Also, choosing the top center will enable you to obtain surrogacy at a reasonable cost. 
  • To cover partners’ expenses, they offer appropriate payment options like packages, installments, and lending facilities. There are numerous factors that can influence the typical cost of surrogacy in India.

Surrogacy in India for Foreigners

  • OCI (Overseas Citizenship of India) was first implemented by The Citizenship (Amendment) Act in August 2005. An Indian citizen is only permitted to hold one citizenship, according to the country’s constitution.  
  • Thus, if it is prohibited for them to possess dual Indian and foreign citizenship. Therefore, only Indian citizens and holders of OCI cards are eligible to participate in surrogacy in India; surrogacy for foreigners is prohibited. 
  • If an NRI (non-resident Indian) has an Indian passport, they are eligible to use surrogacy in India.
  • Due to their Indian ancestry or birth, individuals of Indian descent who are no longer citizens of India yet qualify for OCI or PIO have the advantage of being able to travel to and work in India.
  • There should be restrictions placed on Indian nationals living abroad, such as the inability to vote, hold constitutional office, purchase agricultural land, etc. 
  • A person must be a citizen of another nation and hold a valid passport, with the exception of Bangladesh and Pakistan, in order to apply for surrogacy in India for NRI with OCI documents.

Best Surrogacy Centre in India

  • The top surrogacy center in India is the World Surrogacy Center.
  • Only altruistic surrogacy is permitted under the new surrogacy statute (2022) that the Supreme Court is enforcing.
  • The surrogacy center offers reasonable prices starting at Rs. 18 lakhs.
  • Schedule a consultation to receive a free assessment from physicians and attorneys.

Latest Supreme Court Amendments on Surrogacy Law

  • The amendment, which went into effect on March 14, limited the use of donor gametes and required couples to utilize only their own biological cells for reproduction. This had an effect on people like Mrs. ABC, who intended to use donated eggs from a surrogate mother.
  • Telling a chef, they can only use ingredients they themselves farm is akin to telling them.
  • After examining this law, the Court found that it was in conflict with the Surrogacy Act’s purpose, which is to support, not hinder, those who want to become parents through surrogacy.
  • The law’s emphasis on taking into account women’s health issues while making surrogacy decisions was emphasized by the court.
  • Given the variety of modern family structures, a child needs only to be genetically connected to the husband in situations where natural conception is not feasible.

Surrogacy in India FAQs

What are the restrictions on surrogacy in India?

India forbids commercial surrogacy, which carries a maximum 10-year prison sentence and a fine of Rs. 10 lakhs. Only selfless surrogacy, in which no money is exchanged and the surrogate mother is genetically related to the intended parents, is permitted by law.

How many times can a woman be a surrogate in India?

The surrogate must be a married woman between the ages of 25 and 35 who has a kid of her own and who shares genetics with the intended partner. She is only eligible to serve as a surrogate once, and the process may only be repeated three times.

Which couple can go for surrogacy?

The pair needs to be married, with a male spouse between the ages of 26 and 55 and a female partner between the ages of 23 and 50. Children from prior marriages or partnerships should not exist for them. The couple also has to bring along a willing surrogate who is married and has at least one child.

What are the new rules for surrogacy?

The previous regulations, which mandated that couples undergoing surrogacy obtain both of the intended couple’s gametes, were modified by the Union Health Ministry. In the event that one partner has a medical problem, married couples are now permitted to use donor eggs or sperm at the center.

Why is surrogacy banned in India?

Only “altruistic” surrogacy within family groupings was allowed under the Surrogacy (Regulation) Bill 2016, which outlawed commercial surrogacy in an effort to lessen the exploitation of low-income and illiterate indigenous women.

What type of surrogacy is allowed in India?

Only altruistic surrogacy is permitted under the Surrogacy Regulation Act of 2021, which means the surrogate mother is not eligible to earn any compensation beyond the costs of her prenatal care, including insurance coverage. Commercial surrogacy is prohibited unless the surrogate receives payment in kind or cash.

Is the surrogacy process painful?

Surrogate pregnancies pose the same medical risks associated with childbearing and delivery as regular pregnancies. These include weight gain, back discomfort, heartburn, nausea from morning sickness, and other unpleasant side effects.

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