Surrogacy
Process

Surrogacy Process in India

Surrogacy offers hope to couples who are unable to conceive naturally by enabling them to have a child through a surrogate mother who carries and delivers the baby for them.

In India, surrogacy is legally permitted under the Surrogacy (Regulation) Act, 2021. The law allows only altruistic surrogacy, meaning the surrogate mother is not paid any financial compensation and participates willingly, with only medical and essential expenses being covered.

What Is Surrogacy?

Surrogacy provides an opportunity for eligible Indian married couples to experience parenthood when medical conditions prevent them from conceiving naturally. In this arrangement, a surrogate mother carries the pregnancy and gives birth to the child on behalf of the intended parents. As per Indian law, the embryo is created using the gametes of the intended parents only.

In India, surrogacy is permitted solely in an altruistic form. This means the surrogate mother does not receive any monetary payment, apart from coverage of medical expenses and insurance. These practices are regulated under the Surrogacy (Regulation) Act, 2021, which aims to ensure a safe surrogacy process.

Types of Surrogacy

Surrogacy is broadly classified into two forms: traditional surrogacy and gestational surrogacy. Each differs in terms of biological involvement and legal status in India.

Traditional Surrogacy (Not Allowed):

In traditional surrogacy, the surrogate mother uses her own egg, making her the biological mother of the child. This form of surrogacy is prohibited in India under the Surrogacy (Regulation) Act, 2021.

Gestational Surrogacy (Allowed):

Gestational surrogacy is the only legally permitted form in India. In this method, the embryo is created using the gametes of the intended parents and implanted in the surrogate’s uterus, with no genetic link between the surrogate and the child.

Under the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is permitted. This means the surrogate mother is not paid any monetary compensation, except for medical expenses, insurance, and pregnancy-related costs.

Who Can Opt for Surrogacy?

The Surrogacy (Regulation) Act, 2021 clearly defines eligibility requirements for both intended parents and surrogate mothers to ensure that all surrogacy arrangements follow the law.

Eligibility Requirements for Intended Parents

Marital Status: Only legally married heterosexual Indian couples are permitted to opt for surrogacy.

Marriage Duration: The couple must have been married for a minimum of five years.

Medical Requirement: A certified medical condition must exist that prevents conception or successful pregnancy.

Age Criteria: The woman must be between 23 and 50 years of age, while the man must be between 26 and 55 years.
Citizenship: Altruistic surrogacy is available only to Indian citizens.

Eligibility Requirements for Surrogate Mothers

Marital Background: The surrogate must be an ever-married, widowed, or divorced woman.

Motherhood Status: She should have at least one biological child of her own.

Age Criteria: The surrogate’s age must fall between 25 and 35 years.

Relationship with Intended Parents: As per regulations, the surrogate must be known to the intending couple.

Surrogacy Limit: A woman is allowed to act as a surrogate only once in her lifetime.

At RISAA IVF, Dr. Rita Bakshi, Senior IVF Specialist and Gynaecologist, has guided many couples through the altruistic surrogacy journey with care and professionalism. For any questions or to learn more about the process, you are welcome to reach out to us.

Legal Guidelines: Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021 governs surrogacy in India and ensures that the process is legal and safe for all parties involved. Under this law, only altruistic surrogacy is permitted, meaning the surrogate mother cannot receive any payment beyond medical expenses and insurance coverage.

Key Highlights of the Surrogacy (Regulation) Act, 2021:

Only altruistic surrogacy is allowed; commercial surrogacy is strictly prohibited.
Surrogacy is available only to legally married Indian couples who face medical infertility and cannot have a child naturally.
The surrogate mother must be between 25–35 years of age and have at least one biological child.
Proper legal documentation and approvals are mandatory before commencing the surrogacy process.

Mandatory Certificates under the Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021 and Rules, 2022, notified in the Gazette of India (Extraordinary), specify certain mandatory certificates that must be obtained for surrogacy procedures in India.

Certificates and Issuing Authorities:

Certificate of Medical Indication for Gestational Surrogacy (Section 4(iii)(a)(1)) – Issued by the District Medical Board for the intending couple.
Certificate of Essentiality for the Intending Couple (Section 4(iii)(a)) – Issued by the Appropriate Authority having jurisdiction over the District Medical Board.
Eligibility Certificate for the Surrogate Mother (Section 4(b)) – Issued by the Chairperson, District Appropriate Authority for ART & Surrogacy.
Certificate of Medical and Psychological Fitness of the Surrogate Mother (Section 4(b)(v)) – Issued by a Registered Medical Practitioner, preferably an OBGY specialist.
Eligibility Certificate for the Intending Couple for Surrogacy (Section 4(c)) – Issued by the Chairperson, District Appropriate Authority for ART & Surrogacy.
Certification of Recommendation (Rule 4) – Issued by the State Board.

Connect With Us

At Risaa IVF, we are here to support you if you are considering surrogacy. Our team strictly adheres to the guidelines of the Surrogacy (Regulation) Act, 2021, ensuring a safe, legal, and ethical surrogacy process for everyone involved. We guide you through each step, helping you understand all the necessary requirements clearly.

Reach out to us anytime for expert advice and compassionate support throughout your surrogacy journey, and take the first step toward building your family.

Surrogacy Process

Surrogacy Process