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Considerations for Surrogate in India

Surrogacy is a life-changing journey that enables individuals and couples who are unable to conceive naturally to fulfill their dreams of parenthood. In India, surrogacy is governed by strict laws and regulations to protect the rights and well-being of both the surrogate mother and the intended parents. This page provides an overview of the essential considerations for becoming a surrogate mother in India.

Process of Registering for Surrogacy in India

Here are the steps for becoming a surrogate in india

  • ART bank Registration: You will have to visit a ART bank for registering yourself as a surrogate. The ART bank will do through background check and documentation to complete the registration process.
  • Counseling: Once you are eligible to be a surrogate you will be counselled about the medical process , the risks, the legal and ethical considerations surrounding the process.
  • Medical and Psychological Screening: Comprehensive Medical and psych evaluations are done as per the ICMR guidelines.
  • Legal Paperwork: You and your Partner have to sign surrogacy agreements wit the Clinic and the Third-party.
  • Medical Procedures: Including Endometrial Stimulation and embryo transfer done in synchrony with IVF stimulation of the intended mother/ egg donor.
  • Prenatal Care: Regular medical check-ups and monitoring throughout the pregnancy.
  • Delivery and Legal Procedures: Ensuring the smooth handover of the child to the intended parents and fulfilling legal requirements.

  • Surrogate Eligibility Criteria
  • Legal Considerations
  • Ethical Considerations
  • Surrogate Compensation

Surrogate Eligibility Criteria

Eligibility Criteria for becoming a Surrogate Mother in India

  • To become a surrogate mother in India, candidates must meet specific eligibility criteria as outlined by the Surrogacy (Regulation) Act, 2021:
    • Age: Surrogate mothers must be between 25 and 35 years old.
    • Marital Status: Surrogates should be married and have at least one biological child of their own.
    • Health: Surrogates must be in good physical and mental health, with no history of serious medical or genetic conditions.
    • Indian Citizenship: Only Indian women are allowed to be surrogate mothers in India.
    • Number of Surrogacies: A surrogate mother can undertake surrogacy only once in her lifetime.

Legal Considerations

Legal Consideration for Surrogacy in India:

The Surrogacy (Regulation) Act, 2021, sets forth several legal requirements for surrogacy in India:

  • Altruistic Surrogacy: Commercial surrogacy is prohibited. Only altruistic surrogacy, where the surrogate mother is not compensated beyond medical expenses and insurance coverage, is allowed.
  • Close Relatives: The surrogate mother must be a close relative of the intended parents.
  • Surrogacy Agreement: A legal agreement outlining the responsibilities, rights, and obligations of both the surrogate mother and the intended parents is mandatory.
  • Parental Eligibility: Intended parents must be Indian citizens, married for at least five years, and have a medical certificate indicating the need for surrogacy.

Ethical Considerations

Ethical considerations for Surrogate Mother in India:

Ethical considerations are a significant aspect of the surrogacy process:

  • Informed Consent: Surrogate mothers must fully understand the legal, medical, and emotional aspects of surrogacy and provide informed consent.
  • Voluntary Participation: Surrogacy must be entered into voluntarily, without coercion or undue influence.
  • Child’s Best Interest: The welfare of the child born through surrogacy is a primary concern, with legal provisions ensuring the child’s rights and care.
  • Confidentiality and Anonymity: Confidentiality is maintained throughout the surrogacy process to protect the privacy of all parties involved:
    • Confidential Records: All medical and personal information of the surrogate mother and intended parents is kept confidential.
    • Anonymity: While the surrogate mother must be known to the intended parents, measures are taken to protect the privacy of both parties.
  • Surrogacy Risks and Side Effects: Surrogacy involves medical procedures and carries potential risks and side effects, including:
    • Pregnancy-Related Complications: Such as gestational diabetes, hypertension, or preterm labor.
    • Emotional Impact: The surrogate mother may experience emotional challenges during and after the pregnancy.
    • Physical Discomfort: Common pregnancy-related discomforts, including morning sickness, fatigue, and more.

Surrogate Compensation

Surrogate Compensation and Financial Aspects

Under Indian law, surrogate mothers cannot receive monetary compensation beyond the coverage of medical expenses, insurance, and other pregnancy-related costs. This includes:

  • Medical Expenses: All medical costs associated with the surrogacy, including prenatal care and delivery.
  • Insurance: Health insurance coverage for the surrogate mother of Rs. 5 lacks.
  • Reimbursement: For travel, lost wages, and other necessary expenses incurred during the process.

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Conclusion

Becoming a surrogate mother is a generous and life-affirming decision that can bring immense joy to families struggling with infertility. In India, the surrogacy process is regulated to ensure the protection and well-being of all parties involved. If you are considering becoming a surrogate mother, it is essential to consult with medical and legal professionals to understand the full scope of the process and make an informed decision.

Thank you for considering this noble opportunity to help others achieve their dream of parenthood. Your contribution can create a lasting impact and bring happiness to many lives.

FAQ's on Becoming a Surrogates Mother in India

Yes, you will need to take specific medications to prepare your body for the surrogate pregnancy and embryo transfer. Each surrogate agency or clinic has its own medication protocols. Doctors may prescribe oral medications, vaginal suppositories, and intramuscular injections

As a gestational surrogate, you are required to:
  • Complete all necessary paperwork and legal formalities related to the surrogacy contract.
  • Comply with all the terms outlined in your contract.
  • Attend all scheduled medical appointments.
  • Follow the prescribed medications and dietary guidelines.
  • Inform your agency about all medical appointments and any issues that may occur during the pregnancy.
  • Maintain and submit your pregnancy expense reports promptly to ensure timely reimbursement.

The Indian Surrogacy Act states that only women who have successfully given birth to at least one child and have experience raising a child can apply to be a surrogate. Although on technical grounds it is comforting to know that the woman has been able to carry a healthy pregnancy to term in the past,  It is also considered important for emotional reasons. Having gone through pregnancy before can provide a sense of confidence and comfort throughout the surrogacy process. It also reassures the intended parents, knowing that the surrogate has previously experienced childbirth.

Yes! Having your tubes “tied” only affects your body’s ability to release eggs for insemination, not your body’s ability to take up an embryo in the womb.

Screening is an important part of the entire surrogacy process. Most agencies have their own set of screening required for surrogates. Generally, there are two main tests – physical/medical tests (blood tests, vaginal ultrasound, Hysterosalpingogram/HSG, Gynecological exam, Hysteroscopy/HCG) and psychological screening.

"Our highly experienced and senior staff have been working with egg donors and surrogates for many years. Our gynecologists are well-versed in managing stimulation protocols and cycle synchronization. Alternatively, fertility clinics can also handle the stimulation protocol themselves, depending on the specific services they choose to utilize with us."

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