Table of Contents
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Introduction to the Surrogacy Act 2021
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Who is Eligible for Surrogacy?
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Eligibility Criteria for Surrogate Mothers
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Legal Process & Documentation
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Altruistic Surrogacy & Costs Involved
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Challenges & Ethical Considerations
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Rights of the Surrogate Child
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FAQs & Conclusion
UNDERSTANDING SURROGACY ACT 2021
The Surrogacy Act 2021 seeks to protect all parties involved in surrogacy by standardising laws pertaining to the practice.
With regard to the increasing need for thorough regulation of assisted reproductive technologies, including surrogacy, the New ART Act 2021 and Surrogacy Act 2021 is a major piece of legislation. surrogacy laws in India give intended parents, surrogates, and fertility clinics a framework for morally and legally compliant surrogacy agreements by defining the rights and responsibilities they each have.
- The Surrogacy (Regulation) Rules, 2022 were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide G.S.R. 460 (E) dated 21st June, 2022,
- and subsequently amended vide notification number vide G.S.R. 772 (E) dated 10th October, 2022,
- G.S.R. 179 (E) dated 14th March, 2023 and
G.S.R. 415(E) dated 8th June, 2023.
- Surrogacy means an “arrangement in which a woman agrees to a pregnancy ,achieved through assisted reproductive technology,in which neither of the gametes belong to her or her husband ,with the intention to carry it and hand over the child to the person or persons for whom she is acting as a surrogate”.
The intended couple will give eggs and sperm which will be converted into an embryo in an IVF lab and that embryo will be transferred into the uterus of this intended woman who’s willing to be a surrogate for the intended parents for altruistic reasons (meaning to help them , not for commercial reasons or financial benefits )
Surrogacy can only be for altruistic causes and commercial surrogacy is banned surrogacy.
https://www.youtube.com/watch?v=F9xrXbns9f4
Who are eligible for surrogacy ?
- Indian couple or OCI card holder couples only
- Married couples or single women (ever married , who is either a widow or divorcee )
- There should be valid medical indication for surrogacy
- The couple should not be having any living child , even if adopted . (Exception – child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanent cure and approved by the appropriate authority with due medical certificate from a District Medical Board.
- The couple should be with in the age bracket defined by law .(Female age- 23-50y.Male age- 26-55y).Widow/Divorced women aged 35-45yrs
- Approved by District medical board and Appropriate authority.
Single men are not allowed to undergo surrogacy . (Like Tushar Kapoor and Karan Johar ,earlier who have kids through Surrogacy before the enactment of Surrogacy law )
Medical indications necessitating gestational surrogacy:
1.She has no uterus or missing uterus or abnormal uterus (like hypoplastic uterus or intrauterine adhesions or thin endometrium or small uni-cornuate uterus, T-shaped uterus) or if the uterus is surgically removed due to any medical conditions such as gynaecological cancer
2.Intended parent or woman who has repeatedly failed to conceive after multiple In vitro fertilization or Intracytoplasmic sperm injection attempts. (Recurrent implantation failure)
3.Multiple pregnancy losses resulting from an unexplained medical reason. Unexplained graft rejection due to exaggerated immune response
4.Any illness that makes it impossible for woman to carry a pregnancy to viability or pregnancy that is life threatening
SURROGATE MOTHER- Eligibility criteria
- Ever married with child of her own
- Age 25-35yrs on day of implantation
- Willing woman; approved by appropriate authority
- RMP certifies that she is Medically and psychologically fit for surrogacy
- Never been a surrogate before
- Not more than three times for the same couple
- Husband’s consent is must
- Eligibility certificate by Appropriate Authority
PROCESS
- Essentiality certificate for intended couple /woman need to be obtained from Appropriate authority
- Certificate of medical indication to be obtained from district medical board
- ART Clinic should be registered for Surrogacy
What will be the cost involved ?
Commercial surrogacy is banned and only Altruistic surrogacy is allowed .
Altruistic surrogacy
Surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses and such other prescribed expenses incurred on surrogate mother and the insurance coverage(36months) for the surrogate mother, are given to the surrogate mother or her dependents or her representative.
https://www.youtube.com/watch?v=iMdYIpQD9NI
Surrogacy can have significant consequences for both the surrogate mother and the intended parents. While it allows individuals or couples to have children when they are unable to do so naturally, it also raises emotional, legal, and ethical concerns. The surrogate mother’s perspective might range from feeling empowered by assisting others to dealing with emotional issues upon abandoning the child. It has no direct effect on the surrogate’s fertility However, psychological effects can be considerable.
Surrogacy provides hope for parenthood for intended parents, but it may also be emotionally stressful, especially if issues arise or they struggle with giving control over the pregnancy. Overall, surrogacy can be a great option as per best surrogacy center in Delhi which works as per surrogacy laws in India.
Advantages of surrogacy
Genetic Connection Surrogacy: Through gestational surrogacy, intended parents can establish a biological connection with their kid.
Medical improvements: IVF success rates have increased due to technological improvements, giving hope to infertile couples.
The challenge of Surrogacy
Emotional Strain: All parties involved may experience emotional strain during a surrogacy journey, which calls for open communication and support.
Legal Difficulties: according to surrogacy laws in India. It can be difficult to navigate the surrogacy legal system.
Legal Structure
The surrogacy laws in India, legal framework strives to safeguard the child’s welfare while defending the rights of all parties.
Surrogacy can have significant consequences for both the surrogate mother and the intended parents. While it allows individuals or couples to have children when they are unable to do so naturally, it also raises emotional, legal, and ethical concerns. The surrogate mother’s perspective might range from feeling empowered by assisting others to dealing with emotional issues upon abandoning the child.
However, psychological effects can be considerable. Surrogacy provides hope for parenthood for intended parents, but it may also be emotionally stressful, especially if issues arise or they struggle with giving control over the pregnancy. Overall, surrogacy can be a great option. Best surrogacy center in Delhi for complete reproductive services and assisted reproductive therapies.
Frequently Asked Questions
Written informed consent of surrogate mother
1] No person shall seek or conduct surrogacy procedures unless he/she has –
– explained all known side effects and after effects of such procedures to the surrogate mother concerned
– obtained in the prescribed form, the written informed consent of the surrogate mother to undergo such procedures in the language she understands.
2] Not withstanding anything contained in sub section, the surrogate mother shall have an option to withdraw her consent for surrogacy before the implantation of human embryo in her uterus.
Rights of surrogate child :- A child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force
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- Number of embryos to be implanted:-
The number of embryos to be implanted in the uterus of the surrogate mother under section 9;
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The gynaecologist shall transfer one embryo in the uterus of a woman during a treatment cycle. However only in explainable circumstances up to three embryos may be transferred.
- Number of embryos to be implanted:-
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Number of attempts ?
- The number of attempts of surrogacy procedures under the proviso to item (III) of sub-clause (b) of clause (iii) of section 4;
- The number of attempts of any surrogacy procedure on the surrogate mother will not be more than three times.
Author Bio
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Dr Rashmi Sharma
Director , Origyn Fertility and IVF, New Delhi
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- MBBS (BHU),MD(BHU) ,DNB ,MNAMS ,FICOG , Diploma IVF and reproductive Medicine (Kiel University ,Germany)
- Joint Secretary ,Indian Fertility Society (2020-22)
- Former HOD , IVF dept , Moolchand Hospital,Delhi (2009-13) and Max Hospital ,Pitampura ,Delhi (2013-17)
- Recipient of “C. S. Dawn award” for best paper presentation on her work on IVF /ICSI with genital tuberculosis ,at All India Congress Of Obstetrics and Gynecology (AICOG 2010) .
- Authored various chapters in infertility books of repute.
- Many national and international paper presentations and publications.
- Recipient of “Best IFS Executive” at Fertivision -2018 ,Kochi .
- Recipient of “Hall of fame – Best IVF specialist in India – North” at Economic Times – National Fertility Awards ,2019 and 2023 & 2024
- Origyn IVF ,received “Best IVF centre in North India” and “Most integrated team in IVF , India –North” at Economic Times National Fertility Awards ,2019 ,2023 2024
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