What is Surrogacy & How Does it Work Under the New Surrogacy Law in India?

Surrogacy has long been a beacon of hope for individuals and couples who face challenges in conceiving naturally. However, with evolving societal norms and ethical considerations, the surrogacy landscape in India has undergone significant changes. The introduction of the Surrogacy (Regulation) Act, 2021, has reshaped how surrogacy is practiced in the country, placing a strong emphasis on altruistic surrogacy. This article delves into what surrogacy is and how it functions under the new legal framework, especially within the context of altruistic surrogacy.

What is Surrogacy?

Surrogacy is an assisted reproductive method where a woman, known as a surrogate, carries and delivers a child for another person or couple, referred to as the intended parents. The surrogate may or may not have a genetic link to the child, depending on the type of surrogacy involved.

There are two primary forms of surrogacy:

1. Traditional Surrogacy: The surrogate’s own egg is fertilized with the sperm of the intended father or a donor, making the surrogate the biological mother of the child.

2. Gestational Surrogacy: The more common form, where the surrogate carries a pregnancy created through in vitro fertilization (IVF) using the egg and sperm of the intended parents or donors. In this case, the surrogate has no genetic connection to the child.

The New Surrogacy Law in India: A Focus on Altruistic Surrogacy

The Surrogacy (Regulation) Act, 2021, brought significant changes to the practice of surrogacy in India, placing a strict ban on commercial surrogacy. The law only permits altruistic surrogacy, where the surrogate is not compensated financially beyond medical expenses and insurance. The intent is to prevent the exploitation of women and to ensure that surrogacy is practiced in an ethical and regulated manner.

Key Provisions of the New Surrogacy Law:

1. Altruistic Surrogacy: Only altruistic surrogacy is legal, meaning the surrogate can only receive reimbursement for medical expenses and insurance coverage during the pregnancy. No additional financial reward is permitted.

2. Eligibility Criteria: Both the intended parents and the surrogate must meet specific eligibility criteria. Intended parents must be Indian citizens, legally married, and have no surviving child, except in cases of terminally ill or physically/mentally challenged children.

3. Surrogate Requirements: The surrogate must be a close relative of the intended parents, married, have her own child, and be between the ages of 25 and 35.

4. Legal Safeguards: A mandatory surrogacy agreement must be drawn up, outlining the responsibilities and rights of both the surrogate and the intended parents. This legal framework ensures protection for all parties involved.

5. Surrogacy Boards: The law mandates the establishment of national and state surrogacy boards to regulate surrogacy practices, ensure compliance, and address grievances.

How Does Surrogacy Work Under the New Law?

The surrogacy process under the new law in India follows a structured and regulated path to ensure that it is conducted ethically and transparently. Surrogacy Centre India, recognized as the best surrogacy centre in Delhi, adheres strictly to these regulations, providing a safe and supportive environment for all involved.

Steps Involved in the Altruistic Surrogacy Process:

1. Medical and Psychological Screening: Both the surrogate and the intended parents undergo comprehensive medical and psychological evaluations. The surrogate is prepared for the pregnancy through IVF treatments, while legal consultations ensure that all parties are fully informed.

2. Legal Agreements: A legal surrogacy agreement is drawn up and signed by both the surrogate and the intended parents, clearly outlining the terms of the arrangement, including medical coverage, responsibilities, and rights.

3. In Vitro Fertilization (IVF): The intended parents or donors provide the egg and sperm, which are fertilized in a lab. The resulting embryo is then implanted in the surrogate’s uterus. Surrogacy Centre India is renowned for its advanced IVF facilities, contributing to its status as the best surrogacy clinic in Delhi.

4. Pregnancy Care and Monitoring: Throughout the pregnancy, the surrogate receives ongoing medical care and monitoring to ensure a healthy pregnancy. The intended parents are typically involved in the process, attending appointments, and receiving updates.

5. Birth and Legal Finalization: After the child is born, the legal process is finalized, granting the intended parents full parental rights. The surrogate relinquishes her rights to the child, completing the surrogacy journey.

Why Choose Surrogacy Centre India, the Best Surrogacy Clinic in Delhi?

When considering surrogacy, choosing a clinic that adheres to the new legal and ethical standards is crucial. Surrogacy Centre India, recognized as the best surrogacy clinic in Delhi, offers a comprehensive approach to altruistic surrogacy. The clinic's experienced team of fertility specialists, legal experts, and counselors ensures that the surrogacy process is handled with the utmost care and professionalism.

With a focus on ethical practices, patient-centered care, and compliance with the latest regulations, Surrogacy Centre India is a trusted name in the field of surrogacy in India.

Conclusion

Surrogacy offers hope and a pathway to parenthood for many, and with the new Surrogacy (Regulation) Act, 2021, in place, the practice is now more regulated and ethical. Understanding how surrogacy works under this new legal framework is essential for those considering this option. By choosing a reputable clinic like Surrogacy Centre India, recognized as the best surrogacy clinic in Delhi, intended parents can embark on their surrogacy journey with confidence and peace of mind.