Surrogacy in India

Who Is Eligible for Surrogacy in India?

Is surrogacy in India allowed for you depending on your circumstances, medical requirements and the requirements of the law.

This should not be assumed by reads of intended parents on the websites of fertility clinics.

Eligibility for an Intended Couple

Under the Act, the intended couple shall meet the statutory conditions as mentioned hereinabove and also comply with the prescribed age criteria and be medically fit.

An Essentiality Certificate as required under the Act is required to be obtained by the intended parents supported by the required medical indication and other necessary documents.

Approval of the appropriate authorities is required prior to commencement of treatment.

Eligibility for an Intending Woman

The same criteria for intending woman apply in different situations as outlined above. Therefore, such woman must obtain eligibility certification under the Act and must fulfill the required criteria as outlined above in her individual case and after individual assessment.

Therefore it would be best for an Intending Mother to obtain her own individual assessment as opposed to simply reading summaries of requirements on-line.

Eligibility of the Surrogate Mother

Statutory Conditions as to Surrogate Mother: The Surrogate Mother has to satisfy the conditions of age, family status and consent and also to be medically suitable to act as a Surrogate Mother.

Age criteria for Surrogate Mother as per The Act are – ever married woman having a minor/ajor child(ren) and of 25 years to 35 years of age as on the date of implanting embryo to Surrogate Mother.

She must also satisfy the medical conditions and obtain eligibility certification from the appropriate authority as per the Act and the rules.

Can Foreign Nationals Choose Surrogacy in India?

Intended Parents from Foreign Nationalities should also not assume eligibility for surrogacy in India.

India restricts the surrogacy to certain individuals, taking into account the Nationality, Residency or even the status of being an overseas citizen in certain cases. The rules and amendments need to be scrutinized by qualified Indian lawyers and the relevant authority in each case.

It is strongly recommended that all Foreign Nationals intending to undertake Surrogacy in India seek opinion of an qualified Indian Law Firm and the relevant statutory body prior to making travel arrangements or disbursement of monies.

What Are the Medical Reasons for Surrogacy?

Surrogacy is considered for individuals who cannot carry a pregnancy to full term or who have a medical condition that requires them to have a gestational carrier.

Possible medical circumstances may include:

• Absence of the uterus or certain uterine abnormalities
• Medical conditions that make pregnancy unsafe
• Repeated failure of pregnancy to reach full term or repeated failures of fertility treatment (as may be applicable).
• Some other medical condition that may cause serious risk to her health if she were to carry a pregnancy and give birth.
• Other qualifying medical indications recognised under the applicable framework.

Even if the above examples constitute sufficient medical ground for Surrogacy, the respective medical ground and supporting documentation will have to be scrutinized by a Medical Board or relevant Medical Professionals as the case may be.

A fertility specialist can discuss whether alternative treatment options exist for you before surrogacy is considered.

How Does the Surrogacy Process in India Work?

This page describes the processes of Surrogacy in India including the medical assessment, verification of intended parents, necessary approval, IVF and pregnancy care for surrogate mothers.

Step 1: Initial Fertility Consultation

First a consultation has to take place with a fertility doctor.

They explain their medical history, prior reproductive treatment(s), general health and reasons why they wish to consider surrogacy.

Investigations to identify if appropriate fertility treatment exists.

Step 2: Medical Evaluation and Eligibility Assessment

Intended parents are required to go through the required medical assessment(s) and fertility clinic reviews the case to assess whether surrogacy is required.

Establishing the required medical indication(s) and other eligibility documents as per the Statute.

Step 3: Legal Documentation and Approvals

Before the treatment can start all the necessary certificates, insurance arrangements and other approvals need to be obtained from the relevant authorities.

The essentiality certificate, surrogate eligibility certificate and other documents as required by the statute are obtained.

Please note that the required documentation is subject to change.

Step 4: Surrogate Medical Screening

The required medical and psychological assessments for the surrogate are conducted where necessary.

Assessing the surrogate’s physical and mental health for pregnancy, identifying any risks for her during the pregnancy and assessing suitability to carrying a baby for another person. The surrogate must provide fully informed consent to the process and her welfare must be ensured throughout.

Step 5: IVF and Embryo Creation

IVF is typically carried out to create an embryo for gestational surrogacy and a single embryo is usually transferred to the surrogate’s womb.

Eggs are retrieved from the intended mother (or from someone else as appropriate) and then fertilised with the sperm of the intended father in the laboratory, allowing the embryos to develop.

A qualified fertility specialist will establish the most suitable course of action to achieve the desired outcome for you, and this will be determined by your individual medical circumstances, and the relevant legislation that applies.

Step 6: Embryo Transfer

The embryo(s) can then be transferred to the womb of the surrogate at the appropriate time as part of the treatment plan for the intended parents.

Your clinical team carry out embryo transfer at a designated and appropriately registered clinic.

Step 7: Pregnancy Monitoring

Clinical follow-up is provided until pregnancy is confirmed and the surrogate’s health and that of the child is monitored during the remainder of her pregnancy.

Pregnancy of the carrier will be monitored by the treating clinicians with appropriate antenatal appointments and necessary investigations.

Step 8: Delivery and Post-Birth Documentation

An indicator of the start of the birth of the child of the client is the planning of the delivery in cooperation with the treating medical staff.

The necessary parentage, birth registration and other documents will be completed under the relevant laws and in the relevant manner.

The necessary documents for establishing parentage, and for birth registration, etc. will be explained by the clinic and legal team dealing with the case.