Surrogacy In India: Challenges And Costs

The practice of surrogacy has existed for thousands of years, but it has only recently become legal in many countries. Surrogacy in India has become increasingly popular among parents who cannot have a biological child due to various reasons. Women who cannot carry a baby to term due to physical or reproductive issues often opt for surrogacy as a means to carry forward their bloodline with the help of a surrogate mother

How Does Surrogacy Work?

The process of surrogacy involves fertilizing the woman’s egg with the sperm of a donor under medical supervision to naturally develop an embryo in an artificial environment. Then the embryo is implanted in the uterus of the surrogate mother, who will eventually carry the baby to birth. There are two types of surrogacy procedures in practice.

1. Traditional Surrogacy

In traditional surrogacy, the surrogate mother is inseminated with the sperm of the legal father/sperm donor to fertilize the egg under artificial conditions under medical staff supervision. Then the surrogate mother goes through pregnancy and delivers the baby as any normal process. After birth, the child is handed over to the legal parent.

2. Gestational Surrogacy

This kind of surrogacy technique involves gathering the egg from the mother and fertilizing it with the sperm from the legal father/legal donor in the laboratory or hospital. Then the resultant embryo is implanted in the surrogate uterus for further development and birth. So, surrogates who undergo gestational surrogacy techniques will share no biological links with the baby they deliver.

Are There Any Legal Issues With Surrogacy in India?

The Indian council of medical research has guidelines discussing the importance and need for surrogacy. It also details the steps to take to control surrogacy adjustments.

As per these guidelines, here are a few pointers you must know about while opting for surrogacy.

1. Make a contract that will contain the following clauses.

All the terms and conditions for requesting the consent of the surrogate mother to bear child
A no objection agreement of her husband/legal guardian,
Detailed information on medical procedures of artificial insemination,
Reimbursement of all reasonable expenses involved with carrying the fetus for a full term, w
Willingness of the surrogate mother to hand over the child post birth to the commissioning parent(s),
All essential documents must be signed and governed by all parties.

2. A surrogacy contract should necessarily mention and take care of life insurance cover for the surrogate mother.

3. The contract arrangement should provide financial support for a surrogate child even under circumstances like

The death of the commissioning couple or any of them before delivery of the child,
Divorce among the intended parents and their subsequent willingness not to take the child after delivery.

One of the intended parents should be a donor. In the case of intended parents who are single, he/she should be donors qualified for surrogacy in India.
4. The right to privacy of donors as well as surrogate mothers should be protected.

5. Sex-selective surrogacy is prohibited and not legal in India

How to Prepare For Surrogacy?

Employing a surrogate is an emotional journey for the parents. The process is complex and involves legal paperwork and procedures. Couples opting for surrogacy must prepare themselves physically, emotionally, and mentally to understand and adapt to the circumstances and challenges that might affect them and the child after birth. Connect with experienced parents who hired surrogates and discuss the challenges and necessary steps going forward.

Choosing the right surrogate who qualifies according to the medical requirements and dealing with hospital procedures from embryo implementation to birth is tiring and costly. Constantly research the new surrogacy policies and understand the full process to avoid legal implications.

Make sure you’re continuously updated about the surrogate application process, health, and physical fitness, to ensure a healthy process and delivery.

Mandatory Screening Tests For a Surrogate Mother

For choosing a surrogate mother, a general physical examination, health check and a complete fertility check are a must. A complete health check will help you ensure that the surrogate is in good health. Fertility screening will help the doctor assess whether the lady will be able to conceive and carry the baby to full term without any issues.

Other Screening tests include blood tests, renal liver, and thyroid function tests, chest X-Ray to rule out tuberculosis, drug screening, STD testing, and full range fertility eligibility tests.

The Pros And Cons of Surrogacy in India

Like every process that helps address the issue of infertility, surrogacy comes with its own set of advantages and disadvantages. Let us take a look at them.

Pros of Surrogacy in India

Here are a few advantages of surrogacy for families who intend to have a family.

Surrogacy is a rewarding gift for same-sex couples, being single parents, or struggling with infertility.
Gestational surrogacy often enables one or both parents to maintain their biological relationship and develop meaningful bonds that can last for a lifetime.
It is beneficial for parents who have no success with fertility treatments.

Cons of Surrogacy in India

While considering the advantages of surrogacy for intended parents, there are also some disadvantages that we should be aware of

The surrogacy process is complicated and expensive.
The process requires you to let go of some control and it can be difficult for parents typically enjoy a greater control or expect to have the same benefits as adoption.
It is important to work closely with trusted professionals to complete all your legal procedures to make sure there are no future disputes.

How Much Does Surrogacy Cost in India?

Surrogacy in India is cheaper as compared to other nations like the United States or UK. In India, gestational surrogacy, which is legal can cost you between $10,000 to $28,000. This includes fertilization, the surrogates fee, and delivery of the baby at the hospital.

Surrogacy is an emotional experience for both the surrogate and the intended parents. Knowing about the surrogacy process, surrogacy requirements, surrogate requirements, parental guidance, after birth care, etc., will help the parents to build a deep bond and strong relationship with their baby. Surrogacy helps complete families. It is helpful for both men and women struggling with infertility and seeking a way to extend their families. Considering hiring a surrogate to help your family have a healthy baby, know the challenges and costs involved and what makes you eligible for surrogacy in India.

FAQ’s

1. Who is Eligible For Surrogacy in India?

A woman who is married at least once in her life should have her own child. She should be between 25 to 35 years of age, and if possible, a close relative of the couple opting for surrogacy.

2. Who Can Choose Surrogacy in India?

Couples who cannot conceive naturally, single people or those who find their age to be a barrier to natural pregnancy, infertile couples, same-sex couples, etc.

3. Is Surrogacy Legal in India For NRIs?

Under the Surrogacy (Regulation) Bill 2020, commercial surrogacy is legal. Only Indian married couples can opt for surrogacy. All unmarried or single persons and foreigners, except OCIs are not eligible for surrogacy.

Surrogacy In India: Challenges And Costs