Surrogacy Process

A surrogate mother is a willing woman who carries a child for another couple in an ethical and legal arrangement known as surrogacy (the genetic parents – the egg and sperm belong to them). The new Surrogacy Regulation Act of 2021 states that only altruistic surrogacy, which is a non-monetary expenditure and is legal in India, effectively prohibits commercial surrogacy. A surrogacy contract is drawn up and signed by the parents and the surrogate during surrogacy.

In India, Who Can Go For the Surrogacy Process?

The 2021 Indian surrogacy law sets specific requirements for couples and individuals seeking surrogacy. The Act specifies that only Indian nationals who have been married for at least five years are permitted to apply for surrogacy services. In addition, they must present a medical professional’s infertility certificate as proof that they cannot have children.

Medical Condition for Opting the Surrogacy Process

Specific medical conditions that may call for surrogacy are outlined in India’s new surrogacy law. These include MRKH, Unicornuate uterus, multiple IVF failures, miscarriage/abortion, and other similar occurrences. In addition, any other medical condition that makes it impossible for a couple to conceive or carry a pregnancy to term is also legal grounds for surrogacy.

Methods of Surrogacy Process

The most common type of surrogacy is gestational, in which the female partner of an infertile couple is given hormones to produce more eggs, which are then retrieved and fertilized in vitro with her husband’s sperm (in the laboratory).

Embryos fertilized with the gametes of both parents are placed in the uterus of a surrogate mother. She conceives a child, and after giving birth, she gives the newborn to the intended parents. During the surrogacy process, the intended parents may help the surrogate with travel, clothes, medicine, tests, and checkups until delivery. However, the regulations require the intended parents to provide the surrogacy center with their biological material, such as eggs or sperm. Furthermore, the new surrogacy law forbids embryo donation, highlighting the importance of maintaining the child’s biological connection to the intended parents. This way, the offspring would share genetic ties with both parents (husband and wife).

What are the steps to start the surrogacy process?

To ensure moral surrogacy procedures, the Indian Surrogacy Act of 2021 establishes a stringent first step to begin the surrogacy process. The first step in surrogacy is for the intended parents to fill out an application and submit the necessary supporting documentation, including the infertility certificate. The intended parents will then submit The surrogate mother’s medical and family history with a certification attesting to her physical and mental fitness to the National Surrogacy Board for review and approval. Once the application has been approved, the intended parents can begin working with a surrogacy center, which will play a critical role in facilitating the surrogacy arrangement, coordinating medical procedures, and ensuring the well-being of all parties involved.