What is Surrogacy?

Surrogacy is an arrangement when another woman carries and gives birth to a baby for the couple who want to have a child. It is a means of third party reproduction in which the surrogate is only a “gestational carrier”, a  gestational carrier is woman who accepts to bear (or be pregnant with) the child of another woman who is incapable of becoming pregnant using her own uterus. The gestational carrier provides a host uterus for the offspring, and does not contribute genetic material, i.e. is not the egg provider. The offspring’s genetic material may come from the egg and the sperm provided solely by the aspiring man, woman or couple, referred to as the “intended parents,” or in combination with donor egg and/or donor sperm, depending on the needs of the intended parents.

Who will benefit from Surrogacy?

The various reasons for doing surrogacy include those women who:

  • Do not have a uterus like in congenital absence of uterus or post hysterectomy.
  • Have an abnormal uterine cavity
  • Have had several recurrent miscarriages
  • Have had recurrent failed IVF cycles
  • Have a medical reason for which pregnancy is inadvisable

Is surrogacy legally permitted?

It is an accepted treatment option for Indian couples and is fully recognized by the government of India. We provide surrogacy services as per the provisions of the Govt. regulations under the ART services bill if India. In short, this bill provides for the following rules to govern surrogacy practice in India:

  • Surrogacy by ART should be considered only for patients for whom it is physically or medically impossible / undesirable to carry a child to term.
  • Individuals or couples may obtain the service of a surrogate through an ART bank.
  • The person or persons who have availed of the services of a surrogate mother shall be legally bound to accept the custody of the child / children irrespective of any abnormality that the child / children may have, and the refusal to do so shall constitute an offence.
  • A couple or an individual shall not have the service of more than one surrogate at any given time.
  • A couple shall not have the simultaneous transfer of embryos in her and the surrogate.

Please note that rules and regulations on surrogacy have been evolving rapidly in recent past. We intend to publish the latest information for our readers. However, we encourage you to please do your own research on this subject before committing to surrogacy treatment.

Can foreigners opt for surrogacy in India?

As per the new regulations, foreign nationals cannot anymore avail the surrogacy services in India.

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