Surrogacy process
Surrogacy is a fertility arrangement where a woman (the surrogate) carries and delivers a baby for another individual or couple. This is typically used when the intended mother is unable to carry a pregnancy due to medical reasons or infertility issues.
Surrogacy provides a path to parenthood for individuals or couples who cannot conceive naturally, offering a solution to infertility, medical conditions, or same-sex couples. The process involves legal agreements and medical procedures to ensure the safety and well-being of both the surrogate and the baby.
Eligibility Criteria for Couples and Surrogates
Eligibility for Intended Couples:
- Age: The intended mother should be between 23 and 50 years, and the intended father should be between 26 and 55 years.
- Married Couples: Surrogacy is only allowed for legally married heterosexual couples, with at least two years of marriage.
- Infertility: The couple must have a medically verified infertility issue or be unable to conceive naturally due to health reasons.
- Indian Citizenship: At least one partner must be an Indian citizen for domestic surrogacy. Foreign nationals can only pursue gestational surrogacy under specific conditions.
Eligibility for Surrogates:
- Age: The surrogate should be between 25 and 35 years old.
- Health: The surrogate must be physically and mentally healthy, with a history of at least one successful pregnancy.
- No Legal Complications: Surrogates must not have a criminal record, and they should be in a stable family environment.
- Willingness: The surrogate must willingly enter into a formal surrogacy contract and agree to medical screening.
Legal Requirements
- Surrogacy Agreement: A legally binding contract must be signed between the intended parents and the surrogate, outlining rights, responsibilities, and compensation.
- Eligibility: Surrogacy is only permitted for heterosexual married couples (with at least two years of marriage) who have a medical need for a surrogate. Foreign nationals are allowed under strict conditions, such as proof of medical necessity.
- Parentage: The intended parents must be declared the legal parents of the child born through surrogacy.
- Medical Oversight: Surrogacy must be conducted in an accredited fertility clinic, adhering to guidelines for medical treatment and ethical standards.
- No Commercial Surrogacy: Commercial surrogacy (payment beyond medical and legal expenses) is prohibited. Only altruistic surrogacy is allowed in India.
- Parenthood and Citizenship: The intended parents must be Indian citizens or OCI (Overseas Citizen of India) holders to pursue domestic surrogacy. The child born through surrogacy is granted Indian citizenship if the intended parents are Indian.
The Role of the Surrogate Mother in the Process
- Health and Well-being: The surrogate must maintain her physical and mental health throughout the pregnancy, adhering to medical advice, attending regular check-ups, and following a healthy lifestyle.
- Pregnancy Care: The surrogate undergoes ovarian stimulation (if using the intended mother’s eggs) or embryo transfer (if using a donor egg), and carries the pregnancy to full term.
- Communication: The surrogate keeps in regular contact with the intended parents, offering updates on the pregnancy and working with them to ensure their emotional comfort.
- Legal and Ethical Duties: She must sign a legal contract with the intended parents and abide by the agreed terms, ensuring all parties are clear about rights and responsibilities.
The Surrogacy Process Approval in India
- Legal Framework: Surrogacy is governed by the Assisted Reproductive Technology (Regulation) Bill. Only altruistic surrogacy (without monetary compensation beyond medical expenses) is allowed.
- Eligibility Check: Both the intended parents and the surrogate mother must meet specific eligibility criteria, including age limits, marital status, and medical needs.
- Surrogacy Agreement: A legal contract must be signed by the intended parents and the surrogate mother, outlining the terms of the surrogacy, rights, and responsibilities.
- Medical Approval: Surrogacy can only be conducted in licensed fertility clinics. The clinic must assess the medical suitability of the surrogate and monitor her throughout the pregnancy.
- Court Approval: In certain cases, the process may require approval from a family court to ensure that the rights of all parties are protected and there are no legal disputes.